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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Bensalem Workers’ Compensation Lawyer
A Bensalem workers compensation lawyer from Munley Law can guide you through securing the benefits you deserve after a workplace injury. Getting hurt on the job can leave you worried about medical bills and lost wages while navigating Pennsylvania’s complicated workers’ compensation system. Our experienced attorneys have helped countless injured workers successfully obtain their rightful benefits. We understand how insurance companies and employers may try to minimize or deny valid claims. You need a skilled workers comp attorney in Bensalem who knows the law and will fight to protect your rights.
At Munley Law, we handle every aspect of your workers’ compensation case, from filing the initial claim to appealing denials if necessary. Contact us today to learn how our proven track record of success can work for you.
The Workers’ Compensation Claim Process in Bensalem, PA
Pennsylvania workers’ compensation system is meant to protect employees who suffer work-related injuries or illnesses. […]
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Pittsburgh Drowsy Driving Accident Lawyer
Falling asleep at the wheel can result in catastrophic accidents, leading to severe injuries or even fatalities. When someone is sleepy behind the wheel, their brain power, reflexes, and decision-making skills are impaired, just like when they’ve had a few too many drinks.
Our experienced team of Pittsburgh drowsy driver accident attorneys understands the devastating consequences of drowsy driving and is committed to fighting for your rights. Munley Law has a proven track record of successfully handling drowsy driving cases, holding negligent drivers accountable, and securing maximum compensation for our clients. With our knowledge of the Pittsburgh, PA, laws and regulations surrounding drowsy driving accidents, we are equipped to navigate the complexities of your case. Your well-being is the priority, and we will provide personalized attention, guiding you through the legal process while ensuring your voice is heard.
If you or your loved one has been involved in a Pittsburgh drowsy driving accident, […]
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Woman Killed in Car Accident Near Somerset, PA
A 37-year-old woman lost her life in a two-vehicle collision on Glades Pike in Somerset County, according to Pennsylvania State Police.
News reports state the woman was traveling eastbound on Route 31 when the crash occurred at approximately 7 a.m. on December 20 near the intersection of Pike School and Ringler roads in Brothersvalley Township.
Investigators report that the woman’s vehicle failed to navigate a right-hand curve, crossing into oncoming traffic in the westbound lane. Her vehicle collided head-on with a westbound vehicle. Following impact, both vehicles continued briefly in their respective directions before coming to a stop.
State Police confirmed that the driver died from injuries sustained in the crash. The condition of the other driver was not included in the initial police report.
The accident remains under investigation by the Somerset barracks of the Pennsylvania State Police.
What to Do After Losing Control of A Vehicle
We’ve all experienced that heart-stopping moment when our car starts to feel like it has a mind of its own. […]
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Casino Injury Lawyer
A trip to popular casino resorts across the United States can be tons of fun. Whether you’re visiting Las Vegas, Atlantic City, or one of the many tribal or commercial casinos nationwide, you’ll find everything from gambling and fine dining to cocktails, spa services, and world-class entertainment, what more could you need? Casinos are essentially playgrounds for adults, but like any recreational venue, accidents can happen. If you’re injured in a casino accident, you may have a valid personal injury claim and be entitled to financial compensation. Casino operators have a legal duty to maintain safe premises for their guests. Find out if you have a claim today by consulting with an experienced Casino injury attorney at Munley Law.
Steps to Take After a Casino Injury
When an injury or accident happens, you might immediately feel embarrassed and try to downplay the incident. However, if you’re seriously injured, […]
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The At Fault Driver Wants to Pay Out of Pocket. Should I Accept?
Medical bills. Repair costs. A painful recovery from your injuries.
These are just some of the potential consequences of a motor vehicle crash. If you’ve been injured in such a wreck, particularly one another negligent motorist caused, compensation may be available for your losses. The most common ways to recover it are to file an insurance claim or a lawsuit.
However, sometimes, the at-fault driver will offer cash immediately or shortly after an accident. Understanding the pros and cons of accepting a cash offer can help you better determine whether doing so is the best option now. For more information, contact Munley Law today and discuss your car accident case with a free consultation.
Understanding Out-of-Pocket Settlement Offers
There is no law in most other states requiring motorists to settle car accidents via traditional processes, […]
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