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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How Long After a Slip and Fall Can You Sue?
Determining When to Sue in a Slip and Fall Case
The state you live in and laws surrounding personal injury and wrongful death ultimately determines how long after a slip and fall you can sue. While state laws take into account the amount of time it takes to file a claim with insurance, partake in negotiations, and in some cases, go to trial, should you miss the statute of limitations, you lose the right to seek legal recourse against the party who owned the property and caused your injury.
Learn more about slip and fall statute of limitations and how Munley Law Personal Injury Attorneys can help get the compensation you deserve for your losses.
Pennsylvania, New York, New Jersey, and Delaware Slip and Fall Statute of Limitations
For more than 60 years, […]
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What is the Average Settlement for a Slip and Fall Accident?
Slip and Fall Accident Settlements
Many people who suffer slip and fall accident want to know what the average settlement is, especially if you or a loved one recently suffered a serious injury or even wrongful death. While no two slip and fall accident cases are the same, there is still a lot of information to be gathered from what an “average” slip and fall settlement may yield to victims.
The best way to understand how much your case is worth is by speaking directly to a Munley Law Personal Injury Attorneys slip and fall accident lawyer. At Munley Law Personal Injury Attorneys, we work on a contingency fee basis, which means we don’t get paid unless we win your case. That means it’s free to speak to a lawyer to understand your options and what your an expect. […]
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How Much is Pain and Suffering Worth in a Slip and Fall Accident?
Understanding Pain and Suffering After a Slip or Fall Accident
How Much is Pain and Suffering Worth in a Slip and Fall Accident? Slip and fall accidents can happen to anyone, at any time – from a friend’s front stairs, to your local grocery store, and your place of work – hazardous environments are all around and can cause serious harm to victims. Adults, 65 and older, are particularly vulnerable to slips and falls. In fact, over 3 million older adults are treated in hospital emergency rooms every year for slip and fall accidents.
If you or your loved one were a victim of a slip and fall accident, you may be entitled to compensation not only for immediate medical expenses, but for pain and suffering as well. Pain and suffering describes both the physical and emotional injuries a victim suffers following a slip and fall accident. […]
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Should I Get a Lawyer for a Slip and Fall?
A Slip and Fall Accident Attorney Can Help
A slip and fall accident occurs when one party is injured when slipping or tripping and falling, usually on another person’s property, due to some sort of hazardous condition. This “hazardous condition” could be any number of things, such as a wet or slippery floor, a faulty handrail, or loose carpeting.
Many people may not realize just how serious the injuries caused by a slip and fall accident can be, for anyone, but particularly people over 65. In fact, 75% of slip and fall accident deaths occur in this age group, and 66% of all injury cases in people over 65 are the result of a fall.
If you have been injured in a slip and fall accident, you may well be entitled to compensation. But simply determining whether you have a case, […]
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Are Slip and Fall Cases Hard to Win in Philadelphia?
Slip and Fall Injuries are Serious and Costly
A slip and fall, or trip and fall, accident is essentially what the name suggests: it’s an accident where a person slips or trips and falls on another individual or business’s property, leading to some degree of injury.
To many adults, the idea of slipping and falling may not seem like much to be concerned about. But in reality, a simple slip and fall incident can cause a great deal of damage, pain, and suffering. The CDC reports that 1 in 5 fall cases results in a serious injury, such as a broken bone or concussion. Moreover, approximately 800,000 people are hospitalized each year for injuries related to falling.
Beyond the physical injuries caused by a fall, the monetary burden can be immense. The CDC reported that in 2015, […]
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