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 Payout in a Wrongful Death Settlement?
A loved one’s untimely passing is always a painful experience. If your loved one passed because someone else was negligent, while nothing can bring them back, it’s important to understand that compensation may be available for various losses associated with their death.
Filing a wrongful death lawsuit allows surviving loved ones of a wrongful death victim to seek compensation for everything from
the direct financial losses of death to the emotional distress that might be more difficult to quantify after a tragic loss.
There is no standardized or officially tracked average payout for wrongful death settlements, as each case is uniquely influenced by factors such as the deceased’s age, income, future earning potential, and the circumstances of their death. Wrongful death settlements can vary dramatically based on multiple variables, including the jurisdiction’s laws, the severity of negligence involved, and whether the case involves auto accidents, […]
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Why Do Gas Explosions Keep Happening?
Many gas explosions are preventable, but despite the devastation they cause, they keep happening. Gas utility companies, property owners, manufacturers of gas appliances, contractors, and government agencies all have a role in preventing gas explosions. Often, homeowners and people living with gas appliances don’t know the gas appliances and lines in and around their homes are posing an invisible risk.
Understanding the Devastating Impact of Gas Explosions
A gas explosion can leave numerous household members, and even whole communities, emotionally and physically injured in its wake.
Physical and Mental Health Impacts
Even with immediate assistance from medical personnel, serious physical injuries and fatalities can be unavoidable. Injuries from gas explosions often include:
- Burns
- Blast injuries
- Broken bones
- Cuts and lacerations
- Hearing damage or loss
- Respiratory injuries
- Traumatic brain injuries (TBI)
The immediate injuries suffered at the time of the explosion aren’t the only ones victims face. […]
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Wrongful Death Attorneys
When you lose a beloved family member or spouse, our wrongful death attorneys understand that no amount of money can truly compensate for your loss. However, financial compensation can ease your burdens and help provide future security for your family. Knowing that those responsible for your loss have been held accountable can also bring some peace of mind. If you suffered the loss of a family member due to an accident or an act of negligence, Munley Law can help you pursue legal action to hold the negligent party accountable.
We have helped hundreds of families like yours obtain justice, even against powerful entities. For 65 years, our wrongful death lawyers have fought for families and individuals who have lost a family member due to someone else’s wrongful action. We understand the pain you and your loved ones are going through at this time and will fight on your behalf so you can concentrate on putting the pieces back together again. […]
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Chances of Winning a Wrongful Death Settlement
The sudden loss of a loved one can be emotionally and financially devastating, making a wrongful death lawsuit a viable option for many families. Understanding the legal process and the factors that can affect the chances of winning is crucial before proceeding with a claim.
Understanding the Chances of Winning a Wrongful Death Settlement
Many plaintiffs find that, depending on the circumstances of their case, there is a high likelihood that they will reach a settlement. Several factors can influence the chances of success in a wrongful death claim, including the strength of the evidence, the clarity of liability, and the presence of any contributing negligence. Additionally, the experience of your legal representation can significantly impact the outcome. Recent data indicates a more favorable outcomes for plaintiffs in wrongful death lawsuits in Pennsylvania.
A wrongful death attorney who is well-versed in wrongful death cases can help advocate for your rights, […]
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What Happens If You’re in an Accident with a Rental Car?
When you’re in an accident with a rental car, the last thing you need is more stress trying to figure out insurance coverage. You likely have multiple layers of protection available. Your auto insurance may cover the incident, the rental company’s optional coverage could kick in, and even the credit card you used to rent the vehicle might provide insurance benefits.
If you’ve been hurt in a rental car accident, don’t hesitate to reach out to a car accident attorney at Munley Law who can guide you through this challenging time. They’ll work hard to protect your interests and help you get the compensation you deserve while taking the burden of dealing with multiple insurance claims off your shoulders.
Who Covers a Rental Car Accident?
When you’re involved in a rental car accident, there can be several sources of coverage. First, […]
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