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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Stroudsburg Workers Compensation Lawyer
A Stroudsburg workers compensation lawyer can help anyone injured while on the job in Stroudsburg. Monroe County workers have the right to receive compensation for a workplace accident. Unfortunately, this does not always happen. Workers often face obstacles to getting the benefits they deserve. Knowing your next steps following a workplace injury can be challenging with the complex workers’ compensation system.
Serving the Stroudsburg community for 65 years, Munley Law has earned our clients’ trust and our peers’ respect. Our board-certified Stroudsburg workers comp attorneys can help you get your benefits following a workplace accident. Contact our Stroudsburg office to schedule a free consultation. We do not collect a fee for our services unless we recover your benefits.
Types of Workers Compensation Benefits in Stroudsburg
According to the Pennsylvania Workers Compensation Act, workman’s compensation benefits are meant to pay any expenses related to your work injury. […]
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Cancer Misdiagnosis Claims in Scranton, PA
Cancer misdiagnoses, such as breast cancer, lung cancer, or colon cancer, can have severe consequences, including delayed or inappropriate treatment, reduced survival rates, increased medical costs, and even wrongful death.
Therefore, patients and healthcare providers must be vigilant to ensure accurate diagnosis and treatment planning.
If you or a loved one has been harmed by the result of a missed diagnosis or wrong diagnosis, you might have a medical malpractice lawsuit. Talk to an experienced Scranton medical malpractice attorney at Munley Law today.
How Does Cancer Misdiagnosis in Scranton Happen?
According to the Centers for Disease Control and Prevention (CDC), cancer has been one of the top two leading causes of death in Americans for the last 75 years. According to a report released by the American Cancer Society, approximately 2 million new cases were diagnosed in 2022 alone — […]
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Nazareth Personal Injury Lawyer
If you or a loved one has been injured due to someone else’s negligence, you are now also tasked with trying to understand the legal issues around personal injury law. It’s not easy to know what steps to take or who to turn to for help. That’s where Munley Law comes in.
Our Nazareth personal injury attorneys are dedicated to guiding you through this difficult process. Whether you’ve been in a car accident, hurt on the job, or injured due to medical malpractice, we’re here to make sure you get the compensation you deserve.
When Do I Need a Personal Injury Lawyer in Nazareth?
Personal injury cases arise from a variety of situations where someone else’s carelessness or intentional wrongdoing results in harm. Many people aren’t sure whether their case qualifies for a personal injury claim. However, […]
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Philadelphia Car Accident Lawyer
If you were involved in a severe car accident in Philadelphia, contact a Philadelphia car accident lawyer at Munley Law to get the help you need following a car crash. Your primary focus should be your health; you should not have to manage the claims process alone.
At Munley Law, we have 65 years of experience helping car injury victims get compensation following an accident. Our board-certified car accident attorneys understand what you are going through, and we will not rest until you receive the compensation you need to recover from the accident. Now is the time to schedule a free consultation with a car crash attorney at Munley Law. You do not owe a fee unless we win your case.
Why You Need a Car Accident Attorneys in Philadelphia, PA
Hiring personal injury lawyers eases the burden of being directly involved in all the Pennsylvania legal processes and increases your chances of success. […]
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Pittsburgh Brain Injury Lawyer
If you or someone you love suffered a traumatic brain injury in Pittsburgh, contact a Pittsburgh brain injury lawyer with experience handling complex brain injury cases. Nothing is more serious than a serious brain injury. According to the Centers for Disease Control and Prevention (CDC), Traumatic Brain Injury (TBI) is a leading cause of injury and death in the United States. BrainLine reports that TBI contributes to about 30% of U.S. deaths each year. Alarmingly, the number of annual TBI cases is rising. The CDC’s TBI Report shows 3 million emergency room visits for brain injuries each year, including almost 840,000 children. Likewise, the CDC reports that TBI contributes to the wrongful death of over 50,000 Americans each year. Sadly, over 2,500 of those 50,000 are children. If you or a loved one suffered a serious brain injury, […]
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