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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PennDOT Employees, Others Injured in Chain-Reaction Crash in Camp Hill, PA
Several people, including three Pennsylvania Department of Transportation employees, were transported to the hospital following a chain-reaction accident in Camp Hill on December 27.
According to news reports, a multi-vehicle accident occurred on Route 581 East around 1:50 p.m., stopping traffic on the road. The traffic then caused a chain reaction crash into PennDOT’s crew.
Passengers in vehicles involved in the crash needed to be extricated and taken to the hospital for treatment.
Chain Reaction Accidents
A chain reaction accident, more commonly known as a multi-vehicle accident or pileup, occurs when three or more vehicles are involved in a series of car crashes. These accidents are common on roadways where vehicles travel at high speeds with minimal reaction time. Poor weather conditions such as rain, snow, or fog can significantly increase the risk, as reduced visibility makes it harder for drivers to spot and react to hazards ahead. […]
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Signs That a Patient Is Being Neglected in a Nursing Home
Nursing homes are tasked with keeping our loved ones safe, happy, and healthy. Unfortunately, nursing home neglect and abuse can and do happen.
You need to be on the lookout for signs of neglect (which can include emotional neglect) when visiting someone in a nursing home. You may have legal options if your loved one has been a victim of abuse or mistreatment at the hands of staff members. Contact our team at Munley Law for a free consultation on nursing home neglect and abuse cases.
Physical Signs of Nursing Home Neglect
Many signs of nursing home neglect manifest in someone’s physical condition. Consider these examples:
- Unexplained weight loss: Significant weight loss could indicate a nursing home resident isn’t being fed properly.
- Dehydration symptoms: Warning signs of dehydration in nursing home residents include confusion, […]
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Can You Sue a Car Manufacturer for a Car Crash?
If you’ve been involved in a car accident caused by a defective vehicle, you may be wondering if you can hold the manufacturer accountable. Product liability laws provide a legal pathway to pursue the compensation you deserve if the accident resulted from a defect in the vehicle’s design or manufacturing or failure to provide adequate warnings.
These cases can be complex, requiring thorough investigation and evidence to prove the manufacturer’s fault. Whether the defect involves faulty airbags, malfunctioning brakes, or a design flaw, understanding your legal options is essential. Speak with an experienced auto defect attorney at Munley Law to determine if you have a valid claim and explore your right to compensation.
Product Liability in Automotive Accidents
Manufacturer defects can cause automotive accidents. When that happens, the manufacturer may be held liable. Product liability claims allow individuals to seek compensation for injuries caused by such defects. […]
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York Car Accident Lawyer
When you need a York car accident lawyer after a car crash, the path forward can feel overwhelming and uncertain. Trying to recover emotionally and physically, all while navigating the ins and outs of filing a personal injury claim, is a lot for anyone to take on. But it’s important to remember that if you find yourself in such a situation in York, Pennsylvania, you’re not alone.
Munley Law brings decades of experience and a deep understanding of the local dynamics to help accident victims regain control of their lives. If you have experienced a car accident in York, PA, and are interested in financial compensation for your injuries, lost wages, and pain and suffering, our dedicated team is here to help guide you through the process.
Contact us today to schedule a free consultation and learn how we can protect your interests.
Understanding Car Accidents in York, […]
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What Are the Chances of Dying in a Car Crash?
It is common knowledge that when you climb into a motor vehicle, there is a certain level of risk. Car accidents are, in fact, one of the leading causes of death in the United States. But what exactly are the chances of dying in a car crash?
The Statistical Reality of Fatal Car Accidents
Motor vehicle crashes are a leading cause of death in the United States, taking the lives of over 100 people every day. There are critical factors that increase or decrease the risk of fatality in a car accident, such as the type of car crash, the kind of roadway and road conditions, the type of motor vehicle, the characteristics of the driver, and other factors. The statistical reality of fatal car accidents in the United States is as follows:
- Current fatality rates: In 2023, […]
