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 Percentage of Work Zone Related Accidents Involve Large Trucks?
When you drive by a work zone on a main road or highway, you’ll likely see several large trucks on your route: dump trucks, garbage 
trucks, heavy trucks, oversized trucks, tractor trailers, and more. Construction workers use these large vehicles to pave roads, fix potholes, and even build new parts of the highway. While these massive motor vehicles are essential to construction work, they are inherently dangerous and can cause devastating harm to passenger vehicle drivers on the road.
We’re going to talk about the statistics on large trucks, work zone accidents, fatal crashes, how to avoid an accident, and what to do if you’ve been in an accident with a large commercial truck in a work zone.
If you have more questions, the Munley Law truck accident lawyers are standing by. We offer a free consultation where we will discuss your story, offer expert legal advice, […]
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Stroudsburg Tractor Trailer Accident Lawyer
With more than 60 years of experience fighting for the rights of those injured in truck accidents in Monroe County, the Stroudsburg tractor trailer accident lawyers at Munley Law are the firm for your tractor trailer accident. You don’t have to handle it alone. The trucking companies will do everything they can to provide you with minimum financial relief, and the insurance companies will point fingers to do the same. But Munley Law knows how to help.
If you or a loved one were hurt in a tractor trailer accident in Stroudsburg, do not take on the trucking companies alone. Our Stroudsburg truck accident lawyer is here to support you and your family in your time of need. Call today to schedule a free consultaiton.
How Common Are Tractor Trailer Accidents in Stroudsburg?
With I-80 and Route 33 serving as some of the busiest roadways in Pennsylvania that connect with or intersect through Stroudsburg, […]
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What Happens If Someone Hits You and They Don’t Have Insurance?
It is estimated that 1 in 8 drivers in the United States are uninsured. Unfortunately, this means if you are involved in a car accident, you may encounter an uninsured motorist. But what happens if someone hits you and they don’t have insurance?
The answer largely depends on the state you live in. Sometimes, your own insurance may cover the losses you incurred in the collision and in others, you may have to file a personal injury lawsuit.
The extent of your injuries as well as if you carry uninsured motorist (UM) coverage or underinsured motorist (UIM) coverage in your insurance policy will also determine where and how you can seek compensation.
Munley Law car accident attorneys help drivers involved in car accidents with uninsured motorists and can explain your options.
What Type Of Auto-Insurance Coverage Am I Required To Hold? […]
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Truck Accident Questions & Answers
Q: What can I do to protect myself after an accident with a big truck or tractor-trailer?
A: Truck and bus cases are very complicated and require the immediate attention of a truck accident lawyer who has a record of success in handling big truck cases. Trucking companies will typically have unlimited resources that include teams of lawyers and experts who are prepared to fight against any lawsuit you may file as a result of an accident—regardless of how injured you are. If you have been hit by a truck, the best way to protect yourself is to contact an experienced truck accident attorney who will defend your rights and ensure that you are fairly compensated.
Q: What should I do at the scene of a truck accident?
A: While you are at the scene of the accident, you should do the following:
- Remain calm and remain in your vehicle (unless it’s too dangerous to do so)
- Turn on your hazard lights
- Call 911 even if your accident seems minor
- Seek medical attention for any injured drivers or passengers
- Unless necessary, […]
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Semi Truck Accidents
A semi truck accident can be a life-altering experience for both you and your family. You could be facing serious injuries that can take months if not years to recover from. Your family could suffer the financial burden of paying the medical expenses without the help of your income. In many cases, the injuries sustained in the accident may be fatal and your family will be left to pick up the pieces afterward. If you get into a trucking accident with a semi truck, do you know what your next steps should be?
For more than 60 years, the truck accident lawyers at Munley Law have represented drivers, passengers, pedestrians, and truck drivers who have been seriously hurt in accidents with semi trucks. If you or someone you love was hurt in a crash with a semi, you will need someone on your side to make sure the trucking company is held responsible. […]
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