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 an Aggravation of a Preexisting Condition or Injury?
You may be eligible for compensation if you were injured on the job or in an accident resulting from the negligence of another party. You can seek compensation by filing an insurance claim or lawsuit.
However, your case may be uniquely complex if you have a preexisting condition. Along with compensation for any new injuries you may have sustained, you may also deserve compensation for the aggravation of a preexisting condition. Proving you deserve this compensation could be challenging, though.
Understanding Aggravation of a Preexisting Condition
What is an aggravation of a preexisting condition or injury? In a legal context, aggravation of a preexisting condition means that the condition was made permanently worse. This differs from exacerbation. When someone sustains an exacerbated injury, their previous injury temporarily worsens. However, the preexisting injury will likely return to its previous state over time.
Aggravation of preexisting injuries and conditions is different. […]
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What’s the Difference Between Premises Liability and Personal Liability?
If you’ve experienced a loss or injury, it’s important to determine whether the blame falls on an individual’s behavior or a hazardous condition on a property. This is why it’s important to understand the distinction between premises liability and personal liability. Both terms relate to the legal responsibility that may come into play in liability cases when victims seek justice and compensation from an individual or a property owner through a legal claim.
Understanding Premises Liability
For those injured on someone else’s property, understanding premises liability is necessary to explore options for justice. This area of law holds a property owner responsible for maintaining a safe environment for residents, employees, and visitors alike. When a property owner neglects this duty, they may be held liable for any injuries sustained.
Common types of premises liability claims include slip and fall accidents, dog bites, […]
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Internal Bleeding from a Car Accident
Car accidents often involve blunt force, which can cause an array of injuries like broken bones, organ damage, and more. Auto accidents may also cause internal injuries and internal bleeding. When you are involved in an auto crash, you must seek immediate medical attention to ensure that you do not have any injuries and receive proper care if you do. It is also of the utmost importance that you wear a seat belt every time you are in a motor vehicle to help prevent serious injuries in the case of a traffic crash.
The Causes of Internal Bleeding After a Car Accident
There are a variety of causes of internal bleeding after a car accident. Internal bleeding can be caused by damage to blood vessels, a traumatic brain injury, broken bones puncturing internal organs, and more.
The Visible Signs of Internal Bleeding
There are many signs and symptoms of internal bleeding to look out for. […]
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Can I Sue My Doctor for Medical Malpractice If I Contracted Sepsis?
If you were provided medical care and that care resulted in contracting sepsis, you may be able to sue your doctor for medical malpractice. However, your ability to file a medical malpractice lawsuit for sepsis depends on the specific details of your case. To have a medical malpractice claim, a healthcare professional must have deviated from the expected standard of care, leading to your illness or injury.
The medical malpractice lawyers at Munley Law can help you understand your legal options if you’ve become ill or injured after medical care.
Elements of a Medical Malpractice Case for Sepsis
Understanding the essential elements of a claim is key to successfully pursuing a lawsuit in medical malpractice cases like sepsis. In any personal injury case, the plaintiff must show four elements to prove that the medical professional or facility was responsible for the sepsis: duty of care, […]
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Average Settlement for a Pedestrian Hit By a Car
Pedestrians are often far more vulnerable than motorists when navigating busy cities and towns. In a car, a motorist or passenger is surrounded by a steel frame that absorbs the shock of impact during a collision. A pedestrian is not afforded nearly the same degree of protection.
You may deserve compensation if you’ve been harmed in a pedestrian accident you believe resulted from the negligence of another party. Although settlement amounts can be substantial in these cases, as injuries in a pedestrian accident are often serious, the “average” settlement after a pedestrian accident varies widely. Factors like whether a victim has proper representation can play a significant role in the outcome of a case.
Still struggling with the physical and emotional aftermath of being struck by a vehicle, wondering if legal action is your next step? At Munley Law, our pedestrian accident attorneys have guided countless pedestrians through this exact situation, […]
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