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 the Average Compensation for a Pedestrian Hit by a Car in Philadelphia?
Philadelphia sees hundreds of pedestrian accidents each year, with Center City and Roosevelt Boulevard being common accident sites. Being hit by a car as a pedestrian is traumatic, and understanding what compensation you might receive can help ease some of your worries. While every case is different, pedestrian accident settlements in Philadelphia typically range from $50,000 to $200,000, with some cases reaching into the millions depending on several factors we’ll explore below.
If you were involved in a pedestrian accident in Philadelphia, Munley Law is here to help. Contact our Philadelphia pedestrian accident lawyers today to learn your legal options and get your questions answered.
What Determines Compensation Amount in a Philadelphia Pedestrian Accident Case?
The size of your settlement depends on multiple factors working together. Medical bills are usually the starting point—everything from ambulance rides and emergency room visits to ongoing physical therapy is counted. […]
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Who Can I Sue After a Ruptured Gas Line Causes an Explosion?
A natural gas explosion can leave victims with severe burns and other such injuries. You may deserve compensation for the cost of medical treatment and related damages if you’ve been injured in such an accident.
However, you might not know how to recover compensation after being injured, perhaps because you don’t know who you can sue when a gas explosion occurs. At Munley Law, our gas explosion attorneys can provide answers about your legal rights. Contact us today for a free consultation.
Potential Parties Liable in Gas Line Explosion Cases
Seeking compensation for medical expenses, lost wages, and other such losses from gas explosion injuries generally involves filing a personal injury claim with the liable party’s insurer. In some cases, compensation can be sought from other liable parties. Potentially liable parties when gas explosion accidents occur include:
- The local gas company
- Property owners and managers, […]
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Weird Laws in PA
Laws often reflect the times and values of when they were written. As such, many states have old laws, some still on the books, that may seem weird to us today.
Pennsylvania is no exception. These weird Pennsylvania laws serve as a reminder that the law is complex.
That means having professional legal assistance is quite valuable when you’re facing a legal situation you’re unfamiliar with. If you’ve been injured due to the negligence of others, contact our Pennsylvania personal injury team at Munley Law today for a free consultation.
Bizarre Traffic Laws That Are Still on the Books
Although the following Pennsylvania laws applying to traffic and vehicles may not be all that well-known, they’re still on the books:
- No car purchases on Sundays: The prohibition of buying or selling a car on Sunday is a holdover from “Blue laws,” […]
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Personal Injury Lawyer
A personal injury lawyer can be the difference between struggling with medical bills and securing the compensation you deserve. At Munley Law, we’ve built our reputation by consistently outmaneuvering insurance companies and winning substantial settlements for our clients. While other firms might pressure you to accept a quick, inadequate settlement, we meticulously build your case and push back against lowball offers – often doubling or tripling initial compensation offers through aggressive negotiation and litigation.
Don’t let insurance adjusters minimize your suffering or deny you fair compensation. Our record of multi-million dollar verdicts proves we know how to win, and we’re ready to put that experience to work for you. Contact our personal injury lawyers today for a free consultation and learn why many injured clients trust Munley Law to fight for their future.
How A Personal Injury Attorney Can Help With Your Case
As the injured victim, […]
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Who Gets the Money in a Wrongful Death Lawsuit?
If you have recently lost a loved one in a tragic accident, you may be wondering how a wrongful death claim works and who gets the money. Wrongful death settlements are paid to the family members following a victim’s death due to someone else’s negligence. When an immediate family member, like a parent or spouse, dies, there is a huge financial and emotional impact. Wrongful death suits work to provide financial support to those who were dependent on the decedent.
Understanding Wrongful Death Lawsuits
Wrongful death claims are a type of civil lawsuit where a deceased person’s surviving family members can recover damages if their loved one’s death was the result of another person’s wrongful act, neglect, unlawful violence, or negligence. While the most common wrongful death lawsuits are related to car accidents and motorcycle accidents, many other fatal accidents are appropriate for this type of lawsuit, […]
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