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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Gas Explosion Lawyer
Gas explosions are devastating events that can change lives in an instant. Whether at a job site or at home, these explosions can lead to catastrophic damage and cause severe, even life-threatening injuries, fatalities, and destruction that affect surrounding buildings and families. For survivors, the road to recovery can be long and difficult, both physically and emotionally. If you or a loved one has been injured in a gas explosion, the path forward may feel uncertain. You don’t have to face it alone.
At Munley Law, our gas explosion lawyers understand the unique challenges of these cases. We are here to help victims and their families seek justice and secure the compensation they deserve. With decades of experience handling catastrophic injury cases, we have the expertise to hold the responsible parties accountable and guide you through every step of the legal process. […]
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What’s the Difference Between Permanent and Temporary Disability?
If you’ve been hurt at work and are now undergoing the workers’ compensation benefits forms, you’ll likely see words like temporary disability benefits and permanent disability benefits. Ultimately, your medical improvement will determine the types of workers’ compensation coverage you qualify for. However, these two categories can make a great deal of difference in your compensation for your work-related injury.
In general, your workers’ comp claim can get you financial compensation for medical bills, loss of wages, and future earnings loss in the case of long-term disability.
Before you begin the process, contact a workers’ comp attorney who can guide you to ensure you get the financial benefits you are legally entitled to.
Understanding the Difference Between Temporary and Permanent Disability in Workers’ Comp Cases
The main difference between temporary and permanent disability is when the injured cannot work. […]
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Lancaster Nursing Home Abuse Lawyer
Placing your loved one in a nursing home or assisted living facility likely wasn’t a decision you made lightly. You thought this placement would be the best option to keep your loved one safe and ensure they received the necessary medical treatment. Elderly loved ones are, of course, more prone to injury, which is probably one reason you selected a nursing home or assisted living facility. You could have never imagined that the carefully selected facility you chose would commit elder abuse. Still, unfortunately, nursing home residents are often victims of various forms of abuse, from emotional abuse to financial abuse and medical neglect.
Understanding Nursing Home Abuse and Neglect in Lancaster, PA
In Lancaster, nursing home abuse and neglect can take many forms; the most common we see in nursing homes, assisted living facilities, and long-term care facilities include:
- Unsanitary living conditions
- Poor hygiene
- Physical abuse
- Physical neglect, […]
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Reading Rear End Accident Lawyer
If you or a loved one has been in a rear-end car crash in Reading, Pennsylvania, you might be dealing with more than just vehicle damage. Rear-end collisions can result in painful injuries like whiplash, costly medical bills, lost time from work, and ongoing frustration with insurance companies. Even in cases that seem straightforward, determining liability can quickly become tricky.
You deserve to focus on your recovery—not the paperwork, negotiations, witness statements, evidence gathering, and other legal procedures in filing a personal injury claim.
Experienced Car Accident Attorneys in Reading
At Munley Law, our Reading auto accident attorneys understand the challenges after a rear-end accident. Our team of experienced car accident lawyers has helped countless accident victims in all types of car accidents in Reading and throughout Pennsylvania secure maximum compensation for their injuries. […]
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Scranton Rear End Accident Lawyer
Whether you were stopped at a red light, slowing for traffic, or caught off-guard by a reckless driver, being rear-ended can leave you with serious injuries, huge medical bills, and lost wages from missed work. On top of that, you now have to deal with the insurance companies and all the paperwork, questions and deadlines for a motor vehicle accident. Rear-end collisions are the third most common accident in Pennsylvania.
At Munley Law, our Scranton car accident lawyers have the experience to get you through this. We understand how devastating a rear-end accident can be for you and your loved ones. We help injured accident victims get the compensation they deserve. Our Scranton law firm offers a free consultation so you can discuss your case with an expert personal injury lawyer with no upfront costs. Call us for a free case evaluation if you’re wondering whether you need a lawyer after a car crash. […]
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