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 a Wrongful Death vs Survival Action?
Losing a loved one is always incredibly painful, but losing someone tragically and unexpectedly due to someone else’s negligence can seem impossible to navigate. If your family member was a key financial supporter of your household, your grief is likely being compounded by extreme financial stress. You may be wondering how you can put your family member or spouse to rest, pay off their medical bills, and keep your household afloat, but you may have legal recourse through wrongful death or survival claims. At Munley Law, our wrongful death attorneys can walk you through your options to seek justice for your deceased family member and obtain financial support.
Understanding Wrongful Death Claims
A wrongful death claim is a type of lawsuit that serves to compensate a deceased person’s family members for the loss they have suffered as a result of their loved one’s death, […]
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Parking Lot Pedestrian Accidents
Being hit by a car as a pedestrian can leave you seriously injured. You might expect this type of accident to happen in a crosswalk or other such setting. However, a parking lot can also be the setting of a harmful pedestrian accident.
Have you been injured as a pedestrian in a parking lot? You may be eligible for compensation if so. Contact Munley Law today for a free consultation.
The Hidden Dangers: Parking Lot Accident Statistics
A parking lot may not seem hazardous for a pedestrian. Unfortunately, parking lot accidents involving pedestrians are more common than you may realize. According to a report from a Bureau of Labor Statistics economist who studied the data, approximately 13% of all parking lot accidents involve pedestrian death. The National Safety Council has also tracked a fairly consistent rate of car accidents involving pedestrians in parking lots. […]
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Lancaster Medical Malpractice Lawyer
When you seek treatment from a healthcare provider in Lancaster, PA, you assume they will help you heal from injury and illness. You likely don’t imagine that a doctor will cause harm or that they will allow harm to befall you.
Unfortunately, healthcare providers can be negligent. If you or a loved one have struggled with injuries, illness, medical bills, and other such consequences because a medical professional was negligent, you may seek compensation by filing a medical malpractice claim or lawsuit.
Serving the area for 65 years, the Lancaster medical malpractice lawyers at Munley Law can review your case and fight for the compensation you deserve if you decide to take action. Learn more by contacting us today for a free consultation.
Understanding Medical Malpractice in Lancaster, PA
Medical malpractice occurs when a healthcare provider fails to provide a patient with the quality of care that a reasonable healthcare provider would generally offer in a given situation. […]
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Hershey Personal Injury Lawyer
For over six decades, our acclaimed team of Hershey personal injury attorneys at Munley Law has been advocating for the rights of accident victims. Securing compensation for your injuries requires not just legal expertise but also compassionate representation. From your initial contact with us to the moment you receive your settlement check, we’re by your side, guiding you every step of the way to ensure you get the compensation you deserve.
When it comes to selecting a personal injury lawyer in Hershey, making the right choice matters. Choose carefully. Choose Munley Law.
Understanding Personal Injury Law in Hershey, PA
Navigating the intricacies of personal injury law can be overwhelming, particularly when dealing with an injury’s aftermath. In Dauphin County, understanding these legal guidelines is crucial for anyone filing personal injury claims. An individual may seek legal remedies if they have been harmed due to another person or entity’s negligence or wrongful conduct. […]
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Auto Defect Lawyer
With the average price of a new car in 2024 nearing $48,000, most drivers hope their vehicle is safe from auto defects. Unfortunately, ineffective designs or manufacturing errors can quickly turn a commute into a catastrophe. If you or a loved one were injured in a car, truck, SUV, or other motor vehicle accident resulting in injuries, you may have a defective product claim. At Munley Law, our auto defect lawyers will hold the auto manufacturer, designer, or other liable party accountable for your losses.
To file a motor vehicle defect claim, call an auto defect lawyer from Munley Law today for a no-obligation, free consultation.
When Auto Manufacturers Put Profits Over Safety
Unfortunately, auto manufacturers often prioritize profits over safety, cutting corners on designs and durable materials. When an auto defect causes you to get into a motor vehicle accident, […]
