Claim

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?

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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Bloomsburg Car Accident Lawyer

drugged driving car accident

Have you been injured in a car accident in Bloomsburg? Contact a car accident lawyer at Munley Law Personal Injury Attorneys today for a FREE consultation.

When you or your loved one have been injured in a car accident in the Bloomsburg area, your choice of legal representation matters. The car accident attorneys at Munley Law Personal Injury Attorneys have a long history of winning cases. Our lawyers have earned national recognition for their success, and 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).

For more than 60 years, the car accident attorneys at Munley Law Personal Injury Attorneys have been handling auto accident claims for injured victims and their families in Columbia County and beyond. We know fighting the company on your own is an uphill battle. […]

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Property Damage from a Car Accident

Property Damage Claims After a Car Accident

One of the most common questions people ask after a car accident is: How can I get my vehicle fixed? Who is responsible for repairs? Do I need a lawyer?

If your vehicle sustained damage in the accident but you were not physically hurt, then, fortunately, you won’t need a personal injury lawyer.  Property damage claims are usually faster and easier to resolve than personal injury claims. In fact, most property damage claims can be handled without an attorney.  But we understand that getting your vehicle up and running again can be very stressful. Here’s what you can expect with a property damage-only .

Vehicle property damage claims may include:

  • Repairs to your vehicle
  • The market value of your vehicle if it is a total (totaled)
  • Related costs such as vehicle rental and towing

In most cases, […]

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J&J ordered to pay $4.69 billion to cancer victims in talcum powder lawsuit

Johnson & Johnson ordered to pay $4.69 billion in talcum powder lawsuit

A St. Louis jury returned a $4.69B verdict in favor of 22 women who claimed Johnson and Johnson’s products contained asbestos which caused them to develop cancer.

The is the latest in a series of massive wins for women and their families who have filed cancer-related lawsuits against Johnson and Johnson. In August, 2017, a Los Angeles jury awarded a $417 million verdict in favor of a woman who claimed that Johnson and Johnson’s baby powder caused her to develop ovarian cancer, and in February 2016, a Missouri jury awarded $72 million to the family of a woman died of ovarian cancer after decades of using J&J’s baby powder.

Talcum powder

In its natural form, talc (a common ingredient in cosmetic and personal care products, […]

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Judge says Monsanto cancer case can move forward

roundup lawsuitEarlier this week, a federal judge ruled that lawsuits against agricultural giant Monsanto could proceed and that key plaintiffs’ witnesses may testify. The lawsuits allege that Monsanto’s weedkiller Roundup caused users to develop cancer.

This move represents a win for victims, but they will still face an uphill battle at trial, as the judge called their claims “shaky” but admissible.

Thousands of individual plaintiffs Monsanto’s widely used weedkiller RoundUp caused them to develop cancer and that Monsanto provided no consumer warning. Specifically, the lawsuits link the ingredient glyphosate to an increased risk of non-Hodgkins lymphoma, and claim that the company knew about the risk and failed to warn the public, going so far as to suppress research that suggested the product was dangerous. The ingredient glyphosate is considered a probable human carcinogen according to the World Health Organization’s International Agency for Research on Cancer.  […]

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Uber will no longer force assault victims to arbitration

uber Uber will no longer force the use of private for riders, drivers or employees who that they have been sexually assaulted or harassed.  Rather, these cases can now be brought to court and be heard by a jury.

Until now, riders waived their constitutional right to a trial when they signed Uber’s user agreement. Now, anyone who claims that they have been sexually assaulted or harassed as an Uber rider, driver, or employee can have their individual cases brought to court and be heard by a jury. Uber will also end the requirement that victims who accept settlements through arbitration must sign confidentiality agreements that prevent them from talking about their experiences.

The policy change does not include other forms of harassment.

Arbitration used to silence victims of assault and harassment

Because of confidentiality agreements, […]

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