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.
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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Philadelphia Wrongful Death Lawyer
If you have lost a family member due to someone else’s negligence, you will need a Philadelphia wrongful death lawyer to help with the case. The individual or company responsible for your loved one’s death needs to be held accountable, and Pennsylvania law entitles surviving family members to seek just compensation. While no amount of money can replace what you have lost, a wrongful death suit can hold the negligent party accountable for their actions and help provide future security for you and your family.
At Munley Law, our personal injury attorneys bring decades of experience representing families in the Philadelphia area. Our wrongful death attorneys have fought for families in cases involving all types of fatal accidents, and we have recovered millions of dollars in compensation for our personal injury clients’ losses. We understand your situation and want you to know that we are here to help in any way we can. […]
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Hazleton Product Liability Lawyer
Para asistencia inmediata en Espanol, Favor de llamarnos al numero 570-983-3844.
Have you been hurt by a defective product in Hazleton? Contact a Hazleton product liability lawyer at Munley Law Personal Injury Attorneys for a free consultation
The product liability attorneys at Munley Law Personal Injury Attorneys represent individuals who have been injured by a defective or unsafe product. A defect in design and manufacturing, or lack of appropriate safety warnings can cause serious harm or even death. A Hazleton product liability lawyer will hold the negligent manufacturer responsible.
Proving that a product defect caused your injury can be challenging. A product liability case often involves dealing with large corporations and their insurance companies. The product liability and personal injury lawyers at Munley Law Personal Injury Attorneys have decades of experience handling cases against automakers, […]
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Allentown Product Liability Lawyer
When product manufacturers put profit before safety, they need to be held accountable for injuries that occur when their products cause harm. If you suffered a serious injury from an unsafe product, dangerous drug, or defective device, you will need a skilled Allentown product liability lawyer at Munley Law to help ensure that you receive proper compensation.
Why You Need a Product Liability Lawyer in Allentown, PA
If you suffer an injury from an unsafe product, you may be able to take legal action to get compensation for your suffering and related costs. Defective product cases are highly complex and can be difficult to navigate. The success of your case will depend heavily upon the skill and experience of the product liability lawyers handling the case.
The Allentown product liability attorneys at Munley Law have handled defective product cases involving everything from defective auto parts to prescription drugs to heavy construction equipment. […]
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Whistleblower/Qui Tam Lawsuits
Munley Law Personal Injury Attorneys is one of the nation’s most successful and most experienced law firms, and we have represented thousands of people in lawsuits against their employers, healthcare providers, physicians, and pharmaceutical companies. We are experienced, credentialed lawyers who are prepared to represent you in a whistleblower lawsuit, also known as a qui tam lawsuit. We are considered among the Best Lawyers in America by US News and World Report, and our lawyers have over 5 decades of experience representing people just like you.
If you have information or evidence about fraud perpetrated against the government, you should contact the expert whistleblower/qui tam lawyers at Munley Law today for a FREE evaluation of your case. Call today or use our online form. We are ready to help you now. Munley Law attorneys’s Whistleblower and Qui Tam cases are on a contingent fee basis, […]
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Can I Sue DoorDash for a Car Accident With One of Their Drivers?
If you were involved in a car crash with a DoorDash driver, there is a possibility that you could sue DoorDash, depending on the circumstances of the incident. To determine whether you can sue DoorDash for the accident, you should consult a car accident attorney at Munley Law, who will be able to help you assess the different intricacies that may affect your case.
Determining Liability in DoorDash Delivery Driver Accidents
Determining liability in an accident with a DoorDash delivery driver can become a bit complicated. Liability in a car accident is determined by using the police report filed at the scene, information from any witnesses to the crash, information from those involved in the accident, photos or videos of the accident scene, and state laws.
One factor that makes determining liability in a car accident more complex is that the collision either occurred in an at-fault or no-fault state. […]
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