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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Average Settlement for a Pedestrian Hit By a Car
Pedestrians are often far more vulnerable than motorists when navigating busy cities and towns. In a car, a motorist or passenger is surrounded by a steel frame that absorbs the shock of impact during a collision. A pedestrian is not afforded nearly the same degree of protection.
You may deserve compensation if you’ve been harmed in a pedestrian accident you believe resulted from the negligence of another party. Although settlement amounts can be substantial in these cases, as injuries in a pedestrian accident are often serious, the “average” settlement after a pedestrian accident varies widely. Factors like whether a victim has proper representation can play a significant role in the outcome of a case.
Still struggling with the physical and emotional aftermath of being struck by a vehicle, wondering if legal action is your next step? At Munley Law, our pedestrian accident attorneys have guided countless pedestrians through this exact situation, […]
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Philadelphia Personal Injury Lawyer
Since 1959, injured victims in Philadelphia have trusted the Philadelphia personal injury attorneys at Munley Law to recover compensation for their injuries following an accident case. Our board-certified personal injury lawyers have helped thousands throughout Philadelphia, achieving multi-million dollar settlements for our clients. If you or someone you love suffered an injury due to someone else’s negligence, our personal injury lawyers in Philadelphia, PA, can help you and your family get the justice, and the compensation you need.
Contact our Philadelphia accident attorney today to schedule a free consultation.
We do not get paid unless we win your case.
Types of Personal Injury Cases We Handle in Philadelphia, PA
Our personal injury attorneys handle all types of accident cases in Philadelphia. Our legal team comprises:
Philadelphia Truck Accident Lawyers
Few Philadelphia personal injury law firms have the experience and in-depth knowledge to handle commercial truck cases. […]
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Where Do Pedestrians Get Hit the Most?
Where do pedestrians get hit the most and who is liable for their injuries or deaths? At Munley Law Personal Injury Attorneys, we represent personal injury victims and their families who have been injured as a result of someone else’s negligence.
If you were a pedestrian who was hit in a car accident, contact the compassionate pedestrian accident attorneys at Munley Law for a free case evaluation.
Where Are Pedestrian Accidents Most Likely to Occur?
According to the Centers for Disease Control and Prevention (CDC), one in six people who died in car accidents in 2020 were pedestrians; this equates to more than 7,000 pedestrians killed in collisions in the year alone.
Of reporting pedestrian accidents, the CDC finds that pedestrians get hit the most in urban areas, on roadways away from intersections where drivers travel at higher speeds, […]
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Car Accident Lawyer
When you’re dealing with mounting medical bills, lost wages, and the aftermath of a serious collision, you can’t afford to work with inexperienced car accident lawyers who settle for less. Munley Law’s veteran trial attorneys have recovered millions for accident victims. We are unafraid to take on insurance companies to obtain fair compensation for our clients.
Our award-winning legal team will investigate every detail of your case. We work with top accident reconstruction professionals and refuse to let insurance companies pressure our clients into unfair settlements. We handle everything so you can focus on healing while we fight relentlessly for the full compensation you deserve. An experienced accident lawyers at Munley Law is ready to fight for you today. Getting injured in an accident can be a frightening and devastating experience, so let our accident attorneys focus on getting you compensation.
Call or chat to schedule your free consultation with our experienced legal team. […]
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What Are the 5 Most Common Causes of Wrongful Death?
Learn about the five most common causes of wrongful death, including medical malpractice and accidents, and how to protect your rights.
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