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.
More information about Claim
Harrisburg Personal Injury Lawyer
If you’re in Harrisburg and need a personal injury lawyer, you’re looking for someone to help you get back on your feet
after a Central Pennsylvania accident. Experienced personal injury lawyers in Harrisburg are dedicated accident attorneys who support you during tough times, ensuring you receive the care and maximum compensation you deserve.
Why Should I Hire a Harrisburg Personal Injury Lawyer?
Hiring Harrisburg personal injury attorneys can make a big difference in how your case is handled and the outcome you achieve. A Dauphin County lawyer understands the community and has experience dealing with local insurance companies and courts. They can handle the legal system efficiently, gather evidence, negotiate with insurance adjusters, and advocate for your best interests.
By hiring a Harrisburg personal injury lawyer, you can increase your chances of receiving fair compensation for medical bills, lost wages, and other injury-related costs. […]
Read MoreMore information about Claim
How Long Can Truck Drivers Drive Without Resting?
Studies suggest that 30 to 40 percent of all truck accidents result from driver fatigue. According to The National Highway Traffic Safety Administration, drowsy driving contributes to more than 50,000 accidents per year, resulting in serious injury and death.
Knowing how unsafe drowsy driving can be, the Federal Motor Carrier Safety Administration has created regulations commercial truck drivers must follow for how many consecutive hours they can be behind the wheel before needing a break.
Hours of Service Rules for Truck Drivers
The Federal Motor Carrier Safety Administration (FMCSA) has created hours of service regulations (HOS) for both property-carrying and passenger-carrying drivers. These rules are meant to protect truck drivers from overwork while also limiting adverse driving conditions for other motor vehicles.
It’s important to understand that drivers do not have set hours like we may have in a 9-to-5 job setting. […]
Read MoreMore information about Claim
My Airbag Didn’t Go Off in a Car Accident. Can I Sue?
Being in a car accident can be scary, especially when the safety features of your vehicle do not work the way they are supposed to. But what happens when you were in a car accident and your airbags didn’t go off and you suffered injuries. Can you sue?
In general, yes you can sue if your airbags didn’t deploy during a car accident. However, who you can sue depends on a variety of factors.
Munley Law Will Determine Why Your Airbags Did Not Deploy in a Car Accident
In 1998, the Intermodal Surface Transportation Efficiency Act of 1991 went into effect, requiring that all cars and light trucks sold in the United States to have air bags on both sides of the front seat.
Since then, all drivers have come to expect that when they are involved in a motor vehicle accident, […]
Read MoreMore information about Claim
Harrisburg Wrongful Death Lawyer
Grief over the loss of a loved one can be all-consuming. Sadness, anger, depression, loneliness, and even numbness – they are all common responses to losing a spouse, child, parent, sibling, or close friend. In the midst of your grief, the last thing on your mind is a personal injury lawsuit. However, even though it may not seem like it now, the compensation you can recover from a claim for damages may be the thing that stands between financial debt and financial freedom following the death of that beloved person due to the negligence of others.
At Munley Law, our compassionate Harrisburg wrongful death lawyers are deeply understanding of what you and your family are going through. We are here to protect your rights, to secure fair compensation for your losses, hold the responsible party accountable, and give you a sense of justice in the midst of your grief. […]
Read MoreMore information about Claim
Product Liability Lawyer
Every day, we depend on consumer products to live. From the vehicles we drive to the medications we take to the toys our children play with, we hope these goods have been designed, manufactured, and sold with the utmost care. Unfortunately, the products we rely on most are at risk of being dangerous or defective. If you or a loved one were hurt due to a dangerous or defective product, call the product liability lawyers of Munley Law.
For 65 years, Munley Law has represented victims in their most complex personal injury claims. Our experienced product liability lawyers have been named among the Best Lawyers in America, selected to Pennsylvania Super Lawyers, and are board-certified by the National Board of Trial Advocacy. With a track record of securing multi-million dollar settlements and verdicts, working with a personal injury attorney from Munley Law can make all the difference in your product liability lawsuit. […]
Read More
