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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Pottsville Truck Accident Lawyer
Pottsville sees significant truck traffic every day due to its role as a hub for major distribution centers for companies like Wegmans, Walmart, Michaels, and Big Lots. Thousands of tractor-trailers travel Pennsylvania’s highways and local roads, many of which weren’t designed to handle the stress of such heavy vehicles. Unfortunately, this increased truck traffic raises the risk of serious accidents, leaving victims with devastating injuries and mounting expenses.
If you’ve been injured in a Pottsville truck accident, you need an experienced legal team to handle the complexities of truck accident law and fight for the compensation you deserve. At Munley Law Personal Injury Attorneys, our Pennsylvania truck accident lawyers have the knowledge, resources, and track record to take on even the most challenging cases.
Contact Munley Law today for a free consultation and let us help you get the justice and compensation you’re entitled to. […]
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Should I Accept the Insurance Company’s Offer After a Truck Accident?
Should I Take the Insurance Company’s Settlement?
Truck accidents are complex, multi-faceted, traumatic, and emotionally draining events for all parties involved — especially truck accident victims. If you or your loved one has fallen victim to such a devastating occurrence, there is evidence to scrutinize, truck logs to detail, mechanical efficacies to validate, and liability to determine.
Big trucking companies have built-in insurance company representatives who are trained to empathize and to negotiate an early settlement offer with you. You are likely to endure more injuries and expenses than you originally thought, and once you formally agree and accept an insurance settlement offer, you cannot later act on second thoughts; further negotiations are considered off the table.
This all leads to why you should never be hasty to accept an initial offer that an insurance company makes — the best way to protect your rights after a truck accident is to make sure you don’t speak with the insurance company until you first speak with an experienced truck accident lawyer at Munley Law Personal Injury Attorneys who will defend your rights and ensure that you are fairly compensated. […]
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Preserving Evidence After a Truck Accident
Most people know, generally, that they have rights after an accident caused by someone else. However, knowing you have rights in the abstract is very different from being in a situation in which you have to enforce those rights. This is especially true following a truck accident, which often times cause more severe injuries and involve multiple drivers. A truck accident lawyer can help you navigate the aftermath an accident. But that lawyer will need evidence if they’re going to win.
There’s no way around it, being in an accident is scary and overwhelming. For that reason, our first thought after a truck accident is rarely “What evidence do I need to successfully recover for my injuries in a personal injury claim?” It’s completely understandable; injuries after a truck accident are often traumatic, and you and your family are focused on recovery. […]
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What Does a Philadelphia Car Accident Lawyer Do?
How Can a Car Accident Attorney Help With My Case?
Choosing a Philadelphia car accident attorney is a decision not to be taken lightly. Car accidents can lead to serious injuries, which can have a lifelong impact. Those who have traffic accidents know that in many cases, a great deal of physical, emotional, and psychological healing is necessary. If you’ve just emerged from a traumatic situation like a car accident, you want to make sure that the person fighting on your behalf and protecting your rights is the right fit for you.
But where to begin when looking for an attorney after a serious car accident? Many people have never had the need to work with a personal injury lawyer before, and the process of finding one — and understanding why you need one — can feel overwhelming. Some folks may consider trying to navigate the legal components of their car accident without professional help, […]
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Common Types of Car Accidents
Injured in a Car Accident? We’re Here to Help.
Regardless of what type of car accident you’ve been involved in, if you’ve been injured, you’re not alone. After a car accident injury, you may be feeling overwhelmed. Don’t try to recover alone. At Munley Law Personal Injury Attorneys, our car accident attorneys have been helping injury victims for decades. We handle car accident cases regardless of what type of accident it was or its cause.
With a long history of winning cases, the car accident lawyers at Munley Law Personal Injury Attorneys have earned national recognition for their success. We have been named among the Best Lawyers in America (via Best Lawyers), Pennsylvania Super Lawyers, and the nation’s Best Law Firms (U.S. News and World Report).
Call us today or use our online form for a free consultation. […]
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