What is a Claim?
A claim is a legal action concerning physical or mental harm suffered by the plaintiff due to the defendant’s negligence. In the case of insurance claims, it is a request made by the insured to the insurance company for coverage and compensation for damage or injury. A claim is sometimes also referred to as a Cause of Action.
What is a Claim?
Cornell Law School’s Legal Information Institute defines a claim as, “a set of operative facts creating a right enforceable in court.” Making a claim is how the process of a plaintiff filing a lawsuit and eventually receiving damages from a defendant begins. A claim must be present in order for a lawsuit to go forward. If one is not present in a specific instance, then that lawsuit will be dismissed. Examples of types of claims include claims to insurance companies, personal injury claims in cases of negligence, claims on breaches of contract, property claims, and employment claims such as unpaid wages, wrongful termination, or discrimination. A defendant may make a counterclaim against the claim of a plaintiff.
Claims can sometimes be dismissed even if there is an intent to file a lawsuit. Rulings in cases such as Ashcroft v. IQBAL and Bell Atlantic v. Twombly have determined that claims need to contain important information. They must be plausible on their own and establish a likelihood of liability. This is how claims can lead to fair compensation, resolution of disputes, and protection of rights.
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Philadelphia SEPTA Accident Lawyer
The Southeastern Pennsylvania Transportation Authority (SEPTA) oversees many important aspects of Philadelphia’s public transportation system. From trolleys to regional rail systems, SEPTA handles the important administrative details of these public services, including any personal injury claims resulting from accidents.
If you have been involved in an accident on public transportation in Philadelphia, you need a personal injury lawyer with experience in public transit and SEPTA claims on your side. SEPTA accident claims are complex to navigate, and an attorney can best negotiate with SEPTA’s legal claims department to get you the compensation you deserve.
At Munley Law, our SEPTA accident attorneys in Philadelphia know what it takes to pursue a mass transit accident claim. Contact our law offices today when you call or fill out our online form. We offer free case consultations, and you will not be charged for our services unless we win money for you. […]
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What Qualifies as Personal Injury?
How Do I Know If I Have a Personal Injury Claim?
You may have seen TV ads, billboards, and more advertising the services of personal injury lawyers, but what exactly what does this term mean? In this article, we’ll explore the meaning of personal injury, and how it may impact you and your life.
Remember: if you or your loved one has been injured in an an accident, you may have a right to compensation. Don’t hesitate to contact Munley Law Personal Injury Attorneys to discuss your personal injury claim and learn we can help protect your interests.
Understanding Personal Injury
While we all try to go about our daily lives safely and responsibly, the reality is that accidents do happen. Often, these accidents — whether that be a car accident, a slip and fall, […]
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What Are the Long-Term Effects of a Brain Injury?
How Serious is a Brain Injury?
One of the most serious potential repercussions from a car accident or other traumatic incident is a brain injury. Anytime a person’s head suffers a sharp blow or a violent jolt to the head, they run the risk of developing a traumatic brain injury (TBI).
Since these injuries are internal, they are not as obvious or as easy to diagnose as an injury to the body, such as a laceration or broken bone. However, brain injuries can cause lasting damage that can take months or even years to heal–or cause permanent impairment that affects a person’s cognition, emotions, and behavior for their entire lives.
It is important to understand the long-term symptoms and effects of traumatic brain injuries, so that those who suffer from them can get proper treatment, as well as fair compensation from the party responsible for the accident. […]
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Is Pennsylvania an At-Fault State?
Who Will Pay My Insurance Claim After a Car Accident in Pennsylvania?
All car accidents are, without a doubt, stressful experiences. Even once the initial shock has warn off, you still have so much to consider, including your physical, mental, and emotional recovery. There may be medical expenses and medical bills, property damage, and more. A car accident is not something anyone wants to endure.
Navigating the insurance process can be one of the most overwhelming parts of any car accident case. If you’ve never gone through the claims process before, it can be confusing; and even if you have, no two cases are alike. It’s not uncommon to start getting calls from the insurance company just a day after an accident.
One of the things that can make understanding the claims process so difficult is that it’s incredibly different from state to state. […]
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How Long Do I Have to Tell My Insurance I Was In a Car Accident?
What is the Statute of Limitations After a Car Accident?
Though they may be all too common, car accidents and the potential associated personal injury lawsuits in general, follow very specific statute of limitations and they vary depending on the state you live in.
If you or a loved one has been injured in a vehicle accident you have legitimate reasons to be confused, distracted and unsure about your state laws regarding time limits. What IS a reasonable time frame for you to open your claim? What can you expect from the claim process? What is the legal time limit for filing a personal injury claim?
If you were involved in a car accident, the car accident lawyers at Munley Law Personal Injury Attorneys can help. Contact us today for a free consultation.
