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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What Is the Difference Between Catastrophic Injury vs Personal Injury?
When accidents occur due to someone else’s careless actions, the consequences can range from minor injuries to life-altering trauma. While any injury can disrupt daily life, catastrophic injuries represent a particularly devastating category of harm that goes far beyond typical personal injury cases. These profound injuries fundamentally change the path of a victim’s life, affecting not just their immediate health but their entire future.
Seeing how personal injury differs from catastrophic injury helps explain why these cases need expert legal help and careful planning for the future.
Defining Catastrophic and Personal Injuries
Some states provide specific definitions of catastrophic injuries, but many do not. Where there is no official legal definition of a catastrophic injury, understanding the topic becomes easier when comparing it to a general personal injury.
The severity of a personal injury can vary depending on many factors. Some minor injuries heal in a few days, […]
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What If Road Debris Causes Your Car Accident?
When debris flies from a vehicle and onto the road, all other drivers are at risk of being injured in road debris accidents. Perhaps you were injured in such an accident because of unsecured loads or another form of negligence. Now, you may be facing medical expenses, lost income, and a range of other struggles.
You deserve compensation if someone’s negligence caused a road debris crash. However, it’s important to consider how the process of seeking compensation in these circumstances may be unique when compared to other personal injury cases.
Understanding Road Debris Accidents
Road debris can take many forms. The following are common types of road debris that could potentially cause accidents:
- Cargo that has fallen from trucks
- Fallen trees and large tree limbs that have fallen to the ground
- Debris from a previous collision
- Tires
- Broken glass
- Litter
- Rocks
- Garbage
Don’t underestimate how dangerous road debris can put drivers at risk. […]
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What Is the Average Payout in a Wrongful Death Settlement?
A loved one’s untimely passing is always a painful experience. If your loved one passed because someone else was negligent, while nothing can bring them back, it’s important to understand that compensation may be available for various losses associated with their death.
Filing a wrongful death lawsuit allows surviving loved ones of a wrongful death victim to seek compensation for everything from
the direct financial losses of death to the emotional distress that might be more difficult to quantify after a tragic loss.
There is no standardized or officially tracked average payout for wrongful death settlements, as each case is uniquely influenced by factors such as the deceased’s age, income, future earning potential, and the circumstances of their death. Wrongful death settlements can vary dramatically based on multiple variables, including the jurisdiction’s laws, the severity of negligence involved, and whether the case involves auto accidents, […]
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Why Do Gas Explosions Keep Happening?
Many gas explosions are preventable, but despite the devastation they cause, they keep happening. Gas utility companies, property owners, manufacturers of gas appliances, contractors, and government agencies all have a role in preventing gas explosions. Often, homeowners and people living with gas appliances don’t know the gas appliances and lines in and around their homes are posing an invisible risk.
Understanding the Devastating Impact of Gas Explosions
A gas explosion can leave numerous household members, and even whole communities, emotionally and physically injured in its wake.
Physical and Mental Health Impacts
Even with immediate assistance from medical personnel, serious physical injuries and fatalities can be unavoidable. Injuries from gas explosions often include:
- Burns
- Blast injuries
- Broken bones
- Cuts and lacerations
- Hearing damage or loss
- Respiratory injuries
- Traumatic brain injuries (TBI)
The immediate injuries suffered at the time of the explosion aren’t the only ones victims face. […]
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Chester Personal Injury Lawyer
When accidents shatter lives, the Chester personal injury lawyers at Munley Law fight to make things right. The physical and emotional toll of an injury can be devastating – mounting medical bills, lost wages, and overwhelming stress take their toll on you and your loved ones. Our accident attorneys bring decades of proven experience and a fierce family legacy of advocating for the injured in Chester and throughout the Philadelphia suburbs. We don’t just handle cases – we get life-changing results and the maximum compensation you deserve when someone else’s negligence causes you harm.
What Sets Our Personal Injury Attorneys Apart in Chester, PA
When choosing an injury lawyer, you need someone who understands your challenges and is willing to fight for you. At Munley Law, we’ve spent generations helping accident victims get the justice they deserve. Our attorneys are board-certified trial lawyers who know how to take on tough cases and fight for our clients every step of the way. […]
