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.
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 Personal Injury Lawyers
The board-certified Stroudsburg personal injury lawyers at Munley Law Personal Injury Attorneys have spent the last six decades building a national reputation as leaders in personal injury law. Our attorneys have earned the highest possible client and peer review ratings and have received national recognition for our settlements and verdicts. Let us help the injury victims get the justice you deserve.
If you’ve been injured or lost a loved one due to negligence in the Stroudsburg area, you need an experienced, aggressive representation by your side to help you with any legal matters that arise. Contact Munley Law Personal Injury Attorneys today to learn how we can help you understand personal injury law. Chat, email, or call for a free consultation with a Stroudsburg personal injury lawyer and let us help with your injuries.
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Dedicated Scranton Workers’ Compensation Attorneys
A Scranton workers’ compensation lawyer can provide essential support if you encounter difficulties with your workplace injury claim. Workers’ compensation benefits are intended to cover medical treatment and lost wages following an on-the-job accident. Although Pennsylvania law requires coverage for all workers injured on the job, insurance companies frequently delay or deny workers comp claims. If you are facing an issue with your work injury claim, the workers’ compensation attorneys at Munley Law can advocate for you. Contact our Scranton law office today to schedule a free consultation.
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You should hire our Scranton workers’ compensation lawyer as soon as possible. Workers’ compensation laws in Pennsylvania are incredibly complicated to understand. It can be straightforward for an employer’s insurance company to deny a claim, […]
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Northampton, PA Personal Injury Lawyer
When life takes an unexpected turn, like getting hurt in an accident, it can feel overwhelming. In Northampton, PA, having a skilled personal injury lawyer by your side can make all the difference in how you move forward.
Whether you’re dealing with a car accident, a workplace injury, or any other situation where you’ve been harmed because of someone else’s negligence, our law firm is here to help you get the justice and maximum compensation you deserve.
About Our Experienced Northampton Injury Lawyers
For over 60 years, Munley Law Personal Injury Attorneys’ award-winning lawyers have been fighting for accident victims in Northampton, Nazareth, Allentown, Stroudsburg, Easton, Philadelphia, Bethlehem, and across Pennsylvania’s Lehigh Valley. With an experienced and compassionate attorney, you don’t have to face the battle for fair compensation alone.
Since 1959, our law offices have built a reputation for preserving critical evidence, […]
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West Virginia Car Accident Lawyer
Across the nation, car accidents are an all too common cause of death, injury, and extensive emotional and psychological damage. In 2019, West Virginia saw 260 fatalities from car accidents, and in 2015, car accidents caused around 8% of all injury-related hospitalizations in the state. Too many lives have been impacted and lost as a result of car accidents.
If you or a loved one has been a victim of a car accident in West Virginia, know that you do not have to fight this battle alone. The aftermath of an accident can be even more stressful and overwhelming than the accident itself, especially as you try to balance your recovery with all the complex logistics and legalities of your situation. But there is hope: with the help of an experienced car accident lawyer, you can take on your case with confidence. […]
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Misdiagnosis Claims in Scranton, PA
A medical misdiagnosis can be devastating for an ill or injured patient. It can delay or prevent the proper treatment the patient needs and even lead to unnecessary and potentially harmful, improper treatment. Misdiagnosis can lead to permanent injuries and even death.
An alarming report published by BMJ Quality & Safety found that an estimated 795,000 Americans die or are permanently disabled by diagnostic errors every year. These results occur across the medical field, including clinical settings and hospitals.
If you have suffered harm due to misdiagnosis, contact the Scranton medical malpractice lawyers at Munley Law today. Our experienced attorneys will hold the negligent healthcare providers accountable and recover the compensation they deserve.
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