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?

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.

More information about Claim

Personal injury lawyer recommends steps to take if you are the victim of medical malpractice

Attorneys at Munley Law Personal Injury Attorneys represented an estate and a widow in a medial malpractice case against a hospital in the death of her husband. The suit claimed that the hospital’s nurse did not follow hospital policies nor the surgeon’s orders when she administered a medication when it was not indicated, causing the death of the patient. Last week, a jury awarded the patient’s estate $1.5 million in the medical malpractice case.

According to an article in Pro Publica, a study in a current issue of the Journal of Patient Safety reports that between 210,000 and 440,000 patients each year who go to the hospital for care suffer some type of preventable harm that contributes to their death. That would make medical errors the third leading cause of death in America, behind heart disease and cancer. […]

“What Do I Do if I Get Hit by a Car on My Bike?”

Whether you live in a small town or you reside in a more urban setting, chances are, now that summer is in full-swing, you’ll be breaking out the bike regularly to go for a ride around your way. Not only is bicycling great exercise, it also provides you with a chance to escape the confines of your office or your home and hit the open road, welcoming the feeling of a comforting, warm breeze at your back.

As with any form of transportation, though, there can be some risk involved. Since only two percent of all automobile deaths and only two percent of all injured parties from automobile crashes are cyclists, according to the National Highway Traffic Safety Administration, biking is generally safe. You can proactively help avoid an accident by signaling your turns, wearing reflective clothing, obeying traffic rules, […]

The Dangers of Driving Drowsy

Driving impaired doesn’t have to mean driving under the influence of drugs or alcohol. It can also mean driving while drowsy—a practice that leads to more than 100,000 crashes each year, according to the National Highway Traffic Safety Administration. Of this total, 40,000 injuries and 1,500 deaths are reported. In fact, a study showed that driving while being awake for 18 hours was the same as driving with a blood alcohol level of .05. Driving after being awake for 24 hours was equal to a blood alcohol level of .10—a level of .08 is legally drunk.

As with drunk driving, sleep-deprived driving also inhibits a person’s reaction time, judgment, and vision; causes problems with information processing and short-term memory; decreases awareness, and increases aggressiveness.

Unfortunately, in the commercial truck driving culture, getting behind the wheel, […]

Your First Steps After a Slip and Fall

James Christopher Munley An unmarked area of spillage on a hotel lobby’s floor. An unmaintained stairwell that’s missing the proper railing. An untreated patch of ice on a train platform. These are all examples of potential safety hazards that could lead to a dangerous slip and fall for anyone in the vicinity.

According to the National Safety Council, “Falls are one of the leading causes of unintentional injuries in the United States.” Reportedly, falls account for 8.9 million visits to emergency rooms each year, as well as more than 25,000 fatalities — an occurrence that can increase with age. Falls can happen on the job, at a restaurant, at a grocery store, at a school, and even at a private residence.

Regardless of who you initially think may be at fault, there are certain action steps you should take to protect yourself and your legal rights if you ever find yourself in such a situation:

Keep calm and call for help. […]

Medical Malpractice Frequently Asked Questions

Medical Malpractice Questions and Answers

What is medical malpractice?

Legal definitions vary slightly from state to state, but as a general rule medical malpractice (also known as medical negligence) means that a health care provider caused injury or death to a patient by failing to act within the applicable standard of care. Essentially, a physician or other health care provider commits medical malpractice and is negligent when he or she fails to act in a reasonable way under the circumstances and the unreasonable conduct causes harm.

How can I find out if I have a case?

Because medical malpractice law is very complex, the best way to know is by talking to an experienced medical malpractice lawyer. Be sure to tell the lawyer exactly what happened to you, from the first time you visited your doctor through your last contact. […]