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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Erie Birth Injury Lawyer
If your child has suffered a birth injury due to medical negligence, you deserve to secure financial compensation to ensure you can meet all of your child’s unique and extensive medical needs. Filing a compensation claim and making sure you receive fair compensation can be difficult to do on your own, but a qualified birth injury attorney in Erie can help. An experienced attorney understands the emotional and financial toll that birth injuries have on families and will work tirelessly to get your family the maximum compensation to ease as much of your pain as possible.
Birth Injuries and Medical Malpractice
A birth injury is a physical injury a baby suffers during the labor and delivery process. A birth injury elevates to medical malpractice when the injury was preventable but occurred due to a healthcare provider’s negligence or failure to meet the standard of care. […]
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The Importance of Gathering Evidence in a Personal Injury Lawsuit
When filing a personal injury lawsuit after an accident, gathering comprehensive evidence strengthens your position and can significantly impact your compensation. While collecting evidence might seem overwhelming, an experienced personal injury attorney can guide this process, ensuring no critical details are overlooked. Multiple expert opinions and diverse forms of evidence enhance your case and help establish the facts.
Key Types of Evidence and How Your Attorney Can Help
Photographs and Video Evidence
Visual documentation from cell phones or cameras often provides the clearest evidence of liability. These raw, unaltered records help insurance adjusters and attorneys understand what occurred during the incident. Your attorney will know what details need photographic documentation. The immediate accident damage provides only part of the story. Environmental conditions can impact liability significantly. Road conditions may have contributed to the incident. […]
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Personal Injury Claims: What to Expect
Getting hurt in an accident can turn your life upside down. Understanding how personal injury claims work will help you get the compensation you deserve while focusing on your recovery.
How Long Do Most Personal Injury Claims Take?
Most personal injury claims take four to 12 months to wrap up, though some cases might need more time. The timeline depends on how serious your injuries are, who was at fault, and whether the insurance company works with you or against you. If your case goes to court, it could take longer than if you settle outside court.
It’s smart to wait until your doctors say you’re as recovered as you’re going to get before settling. This way, you’ll know what your long-term medical needs and costs will be.
How Does the Claims Process Work?
The personal injury claims process is straightforward – […]
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Can I Sue the Insurance Company for Delaying a Claim?
Accepting the first settlement offer an insurer makes when filing a personal injury claim, auto claim, or other such claim is often unwise. An insurance company’s initial settlement offer may not represent the full amount of compensation you deserve.
However, once you do accept a settlement amount, you may expect the insurance company to issue a check relatively shortly after. Perhaps this hasn’t happened.
An insurance company may not be engaging in good faith practices if it is delaying payment unreasonably. Speak with our personal injury team at Munley Law to learn more about your options in these circumstances.
Understanding Insurance Bad Faith
There is an implied contract between an insurer and a client. Per this implied contract, the insurance company theoretically agrees to operate in good faith, […]
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Wilkes-Barre Medical Malpractice Lawyer
For 65 years, the Wilkes-Barre medical malpractice lawyers at Munley Law have secured millions in compensation for victims of medical negligence. Trusting your health and safety to someone else can be incredibly vulnerable. Medical errors and negligence can lead to long-lasting consequences, emotionally and physically affecting you. When local facilities, such as Geisinger Wyoming Valley or Wilkes-Barre General, fail to uphold the standard of care, we hold them accountable.
At Munley Law, we understand the emotional toll this situation can take on you and your family. We are committed to providing the compassion, care, and timely service you deserve. Our legal team offers a free initial consultation and advice tailored to your case needs. Contact us today for your free consultation.
Proving Medical Malpractice in Wilkes-Barre
According to the Unified Judicial System of Pennsylvania, there were 1,322 medical malpractice filings in Pennsylvania in 2022, […]
