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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West Virginia Car Accident Lawyer
Across the nation, car accidents are an all too common cause of death, injury, and extensive emotional and psychological 
damage. In 2019, West Virginia saw 260 fatalities from car accidents, and in 2015, car accidents caused around 8% of all injury-related hospitalizations in the state. Too many lives have been impacted and lost as a result of car accidents.
If you or a loved one has been a victim of a car accident in West Virginia, know that you do not have to fight this battle alone. The aftermath of an accident can be even more stressful and overwhelming than the accident itself, especially as you try to balance your recovery with all the complex logistics and legalities of your situation. But there is hope: with the help of an experienced car accident lawyer, you can take on your case with confidence. […]
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Misdiagnosis Claims in Scranton, PA
A medical misdiagnosis can be devastating for an ill or injured patient. It can delay or prevent the proper treatment the patient needs and even lead to unnecessary and potentially harmful, improper treatment. Misdiagnosis can lead to
permanent injuries and even death.
An alarming report published by BMJ Quality & Safety found that an estimated 795,000 Americans die or are permanently disabled by diagnostic errors every year. These results occur across the medical field, including clinical settings and hospitals.
If you have suffered harm due to misdiagnosis, contact the Scranton medical malpractice lawyers at Munley Law today. Our experienced attorneys will hold the negligent healthcare providers accountable and recover the compensation they deserve.
Holding Doctors Accountable for Your Misdiagnosis in Scranton
It’s no secret that the medical system in Pennsylvania and the United States is broken. Time details patients’ […]
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Can I Sue My Neighbor for an Injury on Their Property?
When you’ve been injured on a neighbor’s property, you might feel confused, upset, and unsure about what to do next.
You may wonder about your options if you’ve suffered an injury while visiting next door. The short answer is yes, you can sue your neighbor for an injury on their property, but there’s more to consider before taking that step.
When an injury occurs on a neighbor’s property, the question of legal recourse often arises. The ability to sue a neighbor for such an injury depends on several factors and involves understanding premises liability law. Call a premises liability lawyer at Munley Law for a free consultation to review your legal options.
Why You Might Sue Your Neighbor for an Injury on Their Property
While suing a neighbor can be a difficult decision, there are several legitimate reasons why you might need to take this step if you’re injured on their property:
- Medical Expenses: If you’ve incurred significant medical bills due to the injury, […]
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How Can You Know If You Have a Concussion?
Traumatic brain injuries, including concussions, are different from other injuries. A broken arm, a bad cut, and even a severe burn are visible. What makes head injuries so scary is that they aren’t visible to the naked eye. Therefore, they are more challenging to diagnose.
If you have signs of concussion, it’s important to seek medical care as soon as possible. If symptoms worsen, this can lead to a more severe traumatic brain injury, which can be life-altering and deadly
If you suffered a concussion because of the negligence of another person, call the Munley Law personal injury lawyers today for a free consultation. Our traumatic brain injury attorneys will protect your rights and secure compensation for your losses.
What Is a Concussion?
A concussion is a subset of the neurological injuries known as traumatic brain injuries (TBIs). […]
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What Can a Lyft Car Accident Lawyer in Scranton Do for Me?
If you’ve ever been involved in a Lyft accident, you know how overwhelming and confusing the aftermath can be. From dealing with injuries and medical bills to navigating insurance claims, it can be difficult to handle on your own. That’s where a Scranton Lyft accident lawyer comes in.
How Does Hiring a Lyft Accident Lawyer Differ From Hiring a Regular Personal Injury Lawyer?
When hiring a lawyer after a Lyft accident, you may be wondering if you should hire a regular personal injury lawyer or a lawyer specializing in Lyft accidents. While both types of lawyers can handle personal injury cases, there are some key differences to consider.
A Lyft accident lawyer has specific expertise and experience in car accidents involving rideshare services. They understand the unique challenges and complexities that can arise in these cases. They are familiar with the laws and regulations that govern Lyft and the responsibilities of the driver, […]
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