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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Drunk Driving Accident Lawyer
If you were injured in an accident with a drunk driver, an expert drunk driving accident lawyer at Munley Law is ready to fight for your rights. When someone chooses to drink and drive, they risk their own lives, as well as the lives of everyone around them. If you have been injured in a car accident by a drunk driver, the law is on your side. If you were in a car accident because of someone else’s mistake, don’t worry; the law is on your side. You can seek justice and compensation for your injuries.
The Legal Consequences of a Drunk Driving Accident
Drunk driving is a serious offense. Since 2002, it has been illegal in all 50 states to drive with a blood-alcohol concentration (BAC) of 0.08 percent or higher. Drivers who get behind the wheel after drinking not only face criminal charges but can face civil liability for the harm they caused. […]
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How Long Does a Medical Malpractice Lawsuit Take in Pennsylvania?
How long does a medical malpractice claim take in Pennsylvania? It can take anywhere between 1-5 years to resolve, depending on the complexity of the case. After suffering serious injuries, this timeline can seem like an eternity. However, an experienced attorney at Munley Law will make you and your family their top priority.
At Munley, we equip our clients with as much information about their claim as possible. After all, knowledge equals power. We are going to do a deep dive into the details of a claim, which will help explain the process you’re going through.
If you have more questions and want to speak with an experienced medical malpractice lawyer who can guide you through your claim, call the Munley law firm. Our attorneys have been successfully litigating medical malpractice claims since 1959. We deeply understand the trauma and stress you and your family are facing. […]
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Amputation Lawyer
Amputation injuries, often caused by traumatic accidents, medical malpractice, or severe medical conditions, can have a profound impact on a person’s life forever. More than 5.6 million people are living with the loss of a limb in the U.S. This reality brings about considerable physical, emotional, and financial hurdles, requiring extensive medical treatment, rehabilitation, and prosthetic support — and making the legal journey quite intimidating.
If someone else’s negligence caused your amputation, it’s essential to consult with an experienced amputation lawyer who can help secure the compensation you deserve. A knowledgeable attorney will guide you through the legal process, protect your rights, and fight for the financial support you need for your healing and future.
Understanding Amputation Injuries
Amputation injuries lead to the loss of a limb or part of 
a limb, causing not only physical challenges but emotional and psychological struggles as well. […]
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What Are the DOT Requirements for Reflective Tape on a Truck?
Have you noticed red and white reflective tape on the trailers of large trucks? Commercial trailers must install reflective tape that conforms to Department of Transportation (DOT) regulations. Trucking companies can guard against rear-end collisions and other accidents by doing so.
Be aware that these requirements may be relevant to you even if you’re not a trucker or otherwise involved in the trucking industry. For example, perhaps you were injured in a truck accident. If the truck didn’t have the proper reflective tape installed, you could potentially highlight this fact when pursuing compensation for medical bills, lost wages, and other such losses. Discuss your case with our truck accident team at Munley Law for more information.
DOT Reflective Tape Regulations
DOT reflective tape consists of an alternate red-white pattern. You’ve likely noticed this red and white tape on the trailers of large trucks. […]
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What Is the Consumer Product Safety Commission?
The Consumer Product Safety Commission (CPSC) is a federal regulatory agency that protects consumers by establishing safety standards and taking corrective action when products pose an unreasonable risk to the public.
The CPSC’s rules help protect consumers, but accidents can still happen. If a product injured you, the company may have violated safety regulations.
Compensation may be available in these circumstances. Learn more by contacting our product liability team at Munley Law for a free consultation.
What Is the Consumer Product Safety Commission?
The CPSC was established on October 24, 1972. Its umbrella statute is the Consumer Product Safety Act.
The overall purpose of the CPSC is to minimize injuries and illnesses to consumers resulting from the use of a dangerous consumer product. The CPSC achieves this goal in various ways. […]
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