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 Happens If Someone Hits You and They Don’t Have Insurance?
It is estimated that 1 in 8 drivers in the United States are uninsured. Unfortunately, this means if you are involved in a car accident, you may encounter an uninsured motorist. But what happens if someone hits you and they don’t have insurance?
The answer largely depends on the state you live in. Sometimes, your own insurance may cover the losses you incurred in the collision and in others, you may have to file a personal injury lawsuit.
The extent of your injuries as well as if you carry uninsured motorist (UM) coverage or underinsured motorist (UIM) coverage in your insurance policy will also determine where and how you can seek compensation.
Munley Law car accident attorneys help drivers involved in car accidents with uninsured motorists and can explain your options.
What Type Of Auto-Insurance Coverage Am I Required To Hold? […]
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Truck Accident Questions & Answers
Q: What can I do to protect myself after an accident with a big truck or tractor-trailer?
A: Truck and bus cases are very complicated and require the immediate attention of a truck accident lawyer who has a record of success in handling big truck cases. Trucking companies will typically have unlimited resources that include teams of lawyers and experts who are prepared to fight against any lawsuit you may file as a result of an accident—regardless of how injured you are. If you have been hit by a truck, the best way to protect yourself is to contact an experienced truck accident attorney who will defend your rights and ensure that you are fairly compensated.
Q: What should I do at the scene of a truck accident?
A: While you are at the scene of the accident, you should do the following:
- Remain calm and remain in your vehicle (unless it’s too dangerous to do so)
- Turn on your hazard lights
- Call 911 even if your accident seems minor
- Seek medical attention for any injured drivers or passengers
- Unless necessary, […]
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Semi Truck Accidents
A semi truck accident can be a life-altering experience for both you and your family. You could be facing serious injuries that can take months if not years to recover from. Your family could suffer the financial burden of paying the medical expenses without the help of your income. In many cases, the injuries sustained in the accident may be fatal and your family will be left to pick up the pieces afterward. If you get into a trucking accident with a semi truck, do you know what your next steps should be?
For more than 60 years, the truck accident lawyers at Munley Law have represented drivers, passengers, pedestrians, and truck drivers who have been seriously hurt in accidents with semi trucks. If you or someone you love was hurt in a crash with a semi, you will need someone on your side to make sure the trucking company is held responsible. […]
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Stroudsburg Personal Injury Lawyer
The board-certified Stroudsburg personal injury lawyers at Munley Law have spent the last six decades building a national reputation as leaders in personal injury law. Our attorneys have earned the highest possible client and peer review ratings and have received national recognition for our settlements and verdicts. Let us help the injury victims get the justice you deserve.
If you’ve been injured or lost a loved one due to negligence in the Stroudsburg area, you need an experienced, aggressive representation by your side to help you with any legal matters that arise. Contact Munley Law today to learn how we can help you understand personal injury law. Chat, email, or call for a free consultation with a Stroudsburg personal injury lawyer and let us help with your injuries.
Understanding the Role of Personal Injury Lawyers in Stroudsburg
A personal injury attorney in Stroudsburg will ensure you receive the money you need for your doctor’s bills, […]
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Northampton, PA Personal Injury Lawyer
When life takes an unexpected turn, like getting hurt in an accident, it can feel overwhelming. In Northampton, PA,
having a skilled personal injury lawyer by your side can make all the difference in how you move forward.
Whether you’re dealing with a car accident, a workplace injury, or any other situation where you’ve been harmed because of someone else’s negligence, our law firm is here to help you get the justice and maximum compensation you deserve.
About Our Experienced Northampton Injury Lawyers
For over 60 years, Munley Law Personal Injury Attorneys’ award-winning lawyers have been fighting for accident victims in Northampton, Nazareth, Allentown, Stroudsburg, Easton, Philadelphia, Bethlehem, and across Pennsylvania’s Lehigh Valley. With an experienced and compassionate attorney, you don’t have to face the battle for fair compensation alone.
Since 1959, our law offices have built a reputation for preserving critical evidence, […]
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