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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Do You Always Get A Settlement From A Car Accident?
Understanding Car Accident Settlement Claims
While insurance claims following a car accident do not always end with a settlement, you do always have a right to file a claim and try to seek compensation for your injuries. There are various factors that will determine the success of your car accident settlement claim, most importantly, the severity of your injuries. Car accident victims will have a lot of questions after a car crash about how to deal with insurance companies and what kind of settlement offer or help with medical expenses and more that they can expect.
Steps in Seeking a Settlement
Before car accident settlements are even discussed, you’ll have to file an insurance claim with both your own insurance company and the other drivers. In many cases, the insurance company should cover your needs, […]
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What Happens if the At-Fault Party Doesn’t Have Car Insurance?
What to Do In Car Accident with Underinsured or Uninsured Motorist
You may be asking yourself, If I’m involved in a car accident, and the at-fault driver doesn’t have car insurance, what happens to me? In Pennsylvania, that answer largely depends on the type of insurance coverage you have, including underinsured motorist coverage. Typically, however, you can file a compensation claim with your own insurance company or file a personal injury or car accident lawsuit against the other driver.
Pennsylvania Drivers Are Required to Carry Insurance
In Pennsylvania, drivers are required to carry insurance coverage. Known as no-fault or Personal Injury Protection (PIP) coverage, no matter who is at fault in the accident, the initial medical bills are covered by your own insurance company, […]
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What Happens If You Hit a Cyclist with Your Car?
Hit a Cyclist, or Injured in a Bicycle Accident? We Can Help.
Car accidents involving an injured cyclist can be the worst experience anyone can have. If you’re asking yourself “What happens if you hit a cyclist with your car?” an experienced bicycle accident lawyer can help.
You may feel guilty, upset, and anxious about what happens afterward. Can the cyclist sue you for the accident? What will happen to your insurance rates? What happens next?
These are all valid concerns to have before, during, and after your time on the accident scene. Even if you were injured in the bicycle accident as well, you may be stressing over what can happen. That’s why it’s important to know what your next steps should be to protect yourself and your claim.
For over 60 years, […]
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Can I Sue After a Car Accident If I Was Not Hurt?
What Options Are Available After A Car Accident With No Injuries?
Everyone knows that if you are injured in a car accident, you have the option to file a lawsuit against the other driver. But what happens if you only suffer damage to your vehicle? Can you sue the other driver?
Even if you suffered no physical injuries during an accident caused by the negligence of another driver, you could still recover property damage costs. If your insurance company refuses to repair or replace a car you suffer heavy damage you might need to seek court action to have them repaired or replaced.
Understanding your legal rights after a car accident is paramount. Please note that Munley Law handles personal injury cases only.
Filing Car Accident Claim with Insurance Company
The best way to ensure you recover compensation and financial losses from insurance companies or liable parties in your car accident property damage settlement is to hire an experienced car accident property damage lawyer. […]
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Wilkes-Barre Denied Medical Bills Lawyer
Denied Workers Comp in Wilkes-Barre? We Can Help.
A job site injury can lead to expensive medical treatment, lengthy physical therapy, costly rehabilitation, and time away from work without pay. Workplace injuries can be serious and result in workers’ compensation benefits. Nearly 150,000 workers were injured on the job in Pennsylvania in 2020. For those injuries, over $1 million was paid by the workers’ comp system. Unfortunately, sometimes a workers comp claim is wrongly denied each year by workers’ comp insurance companies.
When you suffer a work injury on the job, a Wilkes-Barre workers’ compensation attorney can help you receive money to pay for your denied medical bills. If you or a loved one need a work injury lawyer to help you get money to cover your denied work injury, call Munley LawWe will answer your questions and discuss your options. […]
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