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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Car Accident Lawyers Questions & Answers
Car Accident Frequently Asked Questions (FAQs)
Q: If I’ve Been in a Car Accident, do I Need a Lawyer?
A: It depends. If you did not suffer any injuries in the accident, you may settle your insurance claim without need for legal help. However, if you or someone you know were injured in the accident, the claim becomes more complicated. As the injured victim, you have the right to seek compensation from the at-fault party for your medical costs, pain and suffering, and other losses. Insurance companies have high-paid lawyers and experts who will fight against you to make sure you get as little money as possible. Statistically, people represented by lawyers get three times more settlement money than people who do it themselves. So, while you don’t need a lawyer, […]
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The REAL WAY Most Bus Accident Cases Are Settled by Personal Injury Lawyers in Pennsylvania
Not all Bus Accident Cases are settled in Pennsylvania – what are some factors that lead to a case being settled? Personal injury lawyer explains:
- What percentage of bus accident cases do Pennsylvania Personal Injury Lawyers manage to settle?
- What are some factors that lead to a case settling?
- What kind of money will Personal Injury Lawyers in Pennsylvania charge to represent you in a bus accident case?
WATCH VIDEO: PENNSYLVANIA PERSONAL INJURY LAWYERS WHO WILL ANSWER QUESTIONS FOR FREE:
What percentage of bus accident cases do Pennsylvania personal injury lawyers settle?
Some bus accident cases are settled by Pennsylvania Personal Injury Lawyers before trial, some are settled at trial, and some are never settled. Your settlement amount and the chances of the case settling at all are determined by a huge amount of factors. […]
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Who Can Pennsylvania Personal Injury Lawyers Sue After a Bus Crash? The Answer May Surprise You
After a Pennsylvania Bus Accident, there are more possible parties that could be sued than you may think. Personal injury lawyer explains:
- What parties could be responsible?
- How does the number of parties involved in a lawsuit affect how much settlement money your Pennsylvania Personal Injury Lawyers could get for you?
- Do Personal Injury Lawyers in Pennsylvania charge you any initial fees?
Who can Pennsylvania personal injury lawyers sue after your bus crash?
After you or a loved one gets into an accident with a bus, or while riding in one, there are a number of possible parties that could be held responsible in your lawsuit.
Here’s a list of possible parties that Pennsylvania Personal Injury Lawyers could sue:
- The Owner of the Bus: Potential owners of the bus that Pennsylvania Personal Injury Lawyers could pursue in your lawsuit include; […]
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Pennsylvania Injury Lawyer tells you the first thing you should do after a work accident
You have just been in an accident at work and now you have some questions for a Pennsylvania injury lawyer. Questions such as:
- What’s the very first thing you should do the moment after the accident happens?
- What can happen to you if you don’t tell your employer about the accident?
- What if you get a disease or illness from work?
- Can you get workers comp for that?
- Do you have to talk to any insurance adjuster?
- What does a Pennsylvania Injury Lawyer advise?
- How long to you have to get a Pennsylvania Injury Lawyer to file a workers comp case for you?
Here are some answers straight from a Pennsylvania Injury Lawyer:
Right after the accident, you need to immediately tell your boss or a supervisor and make sure a written record is made of the incident. […]
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A Pennsylvania Injury Lawyer tells you what you should do right after a car accident
Pennsylvania Injury Lawyer: After you get into an accident, there are things that you can choose to DO and NOT DO right afterward that may affect your injury claim against the other driver’s insurance company.
A Pennsylvania Injury Lawyer will advise doing the following right after the accident takes place:
- Stay inside your vehicle unless it’s too dangerous to do so
- Turn on your hazard lights
- Call 911 even if the accident didn’t seem too bad
- Seek medical help for anyone involved in the accident if needed
- Don’t move any vehicles or alter the scene unless you have to
- Don’t leave the scene
- Write down the names, addresses and phone numbers of everybody involved in the accident, including witnesses
- Write down the names/badge numbers of police officers who come to investigate
- Take pictures of injures and damage
- DON’T admit fault
- Call your insurance company right away and let them know what happened
- DON’T talk about the accident with anyone except the police and your own insurance company. […]
