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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Allentown Motorcycle Accident Lawyer
When a motorcycle accident happens in Allentown, an experienced Allentown motorcycle accident lawyer can help victims deal with the serious consequences. Riders often suffer severe injuries because they have little protection. These injuries can take a long time to heal. The crash affects both the victim and their family, causing stress and money problems. A skilled lawyer can help you get fair payment for your injuries.
If you or a loved one suffered an injury in a motorcycle accident, do not hesitate to contact Munley Law for a free consultation.
How an Allentown Motorcycle Accident Attorney Can Help
Motorcycle accidents are typically caused by careless drivers more often than the riders themselves. Because motorcycles are less stable, less visible, and do not provide the same protection as an enclosed vehicle, motorcyclists are more likely to be injured or killed. In fact, motorcyclists were nearly 29 times more likely than passenger car occupants to die in a crash per vehicle miles traveled in 2019, […]
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18 Wheeler Accident Lawyers
Every 16 minutes, a person is killed or injured in a truck accident. Eighteen-wheelers, in particular, injure more than 90,000 people every year, and in 2023 alone, an estimated 5,078 people died in 18-wheeler accidents. For the last 10 years, fatal large truck accidents have risen while the trucking industry continues to call for relaxed safety regulations.
If you or your loved one has been injured or killed in an accident with an 18-wheeler, get help from an experienced 18-wheeler accident lawyer. Call one of the nation’s leading truck accident lawyers at Munley Law today for a free case review.
Our law firm is dedicated to helping victims of all types of truck accidents, including 18-wheeler commercial vehicles. We have spent years fighting against trucking companies and winning cases for victims of truck accidents, just like you. We have the experience and resources to take on these companies and want to put that work in to help you. […]
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Wilkes-Barre Traumatic Brain Injury Lawyer
If you or a loved one has suffered from a brain injury in Wilkes-Barre, you know the devastating impact it can have on a family. Not only is the financial burden often insurmountable, but the emotional toll can also be traumatizing. The Wilkes-Barre traumatic brain injury attorneys at Munley Law Personal Injury Attorneys are dedicated to representing traumatic brain injury victims and their families.
Although our Wilkes-Barre accident attorney can’t undo the physical and emotional harm caused by a serious brain injury, we can help ease the financial burden by fighting to get you the compensation you deserve.
What is a Traumatic Brain Injury?
A traumatic brain injury (TBI) occurs when you are hit by some type external force, such as a bump, blow or jolt to the head. We see TBIs when a brain suffers from the jarring impact of a car crash, […]
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How to Deal With Workers’ Comp Insurance Adjusters
If you were injured at work, your employer and their insurance company are legally obligated to help you with the unforeseen expenses that come along with the injury. Workers’ comp benefits cover medical bills and lost wages if your workplace accident requires you to miss days at work. While workers’ comp law is designed to protect workers and employers, things can often be missed.
If you need help with workers’ comp law and compensation benefits, or if you need help filing a personal injury claim on top of workers’ comp, reach out to an experienced workers’ compensation attorney at Munley Law. Our lawyers will make sure you receive the workers’ comp benefits you are entitled to following a work-related injury.
What Is a Workers’ Compensation Insurance Claims Adjuster?
Workers’ compensation claim adjusters are employees of the insurance company. Adjusters are sometimes referred to as case managers or claim managers. […]
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What Is Product Liability?
Product liability refers to the legal responsibility of manufacturers, distributors, retailers, and other parties involved in the production and distribution of consumer products. When a defective or dangerous product causes harm or injury to consumers, product liability laws hold these entities accountable for the damages. Product liability cases can arise from various types of defects, including design defects, manufacturing defects, or failure to provide adequate warnings or instructions
When consumers purchase and use products, they have a reasonable expectation that those products are safe and free from defects. However, if a product is found to be defective and causes harm, the injured party may have the right to seek compensation through a product liability claim. Product liability laws are designed to protect consumers and ensure that manufacturers are held accountable for the safety of their products
