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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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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Where Do Pedestrians Get Hit the Most?
Where do pedestrians get hit the most and who is liable for their injuries or deaths? At Munley Law Personal Injury Attorneys, we represent personal injury victims and their families who have been injured as a result of someone else’s negligence.
If you were a pedestrian who was hit in a car accident, contact the compassionate pedestrian accident attorneys at Munley Law for a free case evaluation.
Where Are Pedestrian Accidents Most Likely to Occur?
According to the Centers for Disease Control and Prevention (CDC), one in six people who died in car accidents in 2020 were pedestrians; this equates to more than 7,000 pedestrians killed in collisions in the year alone.
Of reporting pedestrian accidents, the CDC finds that pedestrians get hit the most in urban areas, on roadways away from intersections where drivers travel at higher speeds, […]
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What Are the 5 Most Common Causes of Wrongful Death?
Learn about the five most common causes of wrongful death, including medical malpractice and accidents, and how to protect your rights.
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