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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Defective Medical Device Attorney
A medical device is meant to support your health. Unfortunately, defective medical devices result in numerous injuries and deaths throughout the U.S. every year.
Has a medical device defect left you or a loved one with injuries? Compensation may be available. Learn more by reviewing your case with a defective medical device lawyer. At Munley Law, our team is on hand to fight for the compensation you deserve. Get started by contacting our product liability lawyers today for a free consultation.
Types of Defective Medical Device Cases We Handle
Defective medical devices can come in many forms. The following are a few examples of common medical device defects:
- Hip implant defects: A defective hip implant could become dislocated, cause injury due to metal parts, cause pain, cause infection, and other such issues.
- Surgical mesh defects: There are many ways a defective surgical mesh can cause injury, […]
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Tire Defect Attorney
Tire defects can render an otherwise safe vehicle too dangerous to drive. Unfortunately, it’s not always immediately clear when a tire is defective. Tire failures often strike without advanced warning.
Have you been hurt in a tire blowout or other tire-related accident? Compensation for your medical bills and related losses may be available.
Speak with an experienced tire defect lawyer for more information about your case. At Munley Law, serving the area for decades, we can offer the representation you need when facing off against large insurers and tire makers. Learn more by contacting our product liability attorneys today for a free consultation.
Understanding Tire Defects and Their Dangers
Tire defects come in several forms, including:
- Tread separation
- Punctures
- Damaged sidewall
- Cracks
Defective tires can cause accidents by causing loss of vehicle control. […]
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Erie Truck Accident Lawyer
Commercial truck accidents can cause unimaginable damage due to the average size and weight of commercial trucks—often many, many times larger than other vehicles. Too many Erie, Pennsylvania, drivers are harmed by negligent truckers and trucking companies. If you or a loved one have sustained injuries in a trucking accident, don’t hesitate to seek legal representation from an Erie truck accident lawyer at Munley Law. Working with our legal team is your best path forward as you seek justice and fair compensation. Contact us today to schedule a free consultation and learn how we can protect your interests.
What Does an Erie Truck Accident Lawyer Do?
If you have sustained serious injuries in a truck accident, your head might be swimming with questions: how will I pay for my medical bills? Where does the insurance company come in? Do I need a lawyer? […]
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Reading Pedestrian Accident Lawyer
If you or a loved one have fallen victim to a pedestrian accident, you need an experienced, knowledgeable Reading pedestrian accident lawyer with a proven success record. Pedestrian injuries can be devastating, taking a toll on victims and their families in regards to physical damages, therapy, change of routine/physical limits, loss of work, medical bills, and also in regards to the toll on victims’ emotional and mental well-being. At Munley Law, our Reading accident lawyers bring decades of experience handling pedestrian accident cases just like yours. We offer a free consultation, and if we don’t secure results, you owe us nothing. Our Reading pedestrian accident lawyers here to get the job done and ensure you receive the compensation you deserve.
If you were involved in a pedestrian accident in Reading, PA, don’t wait. Contact a Reading pedestrian accident attorney at Munley Law today to schedule a free consultation. […]
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Rollover Truck Accidents
Rollover truck accidents, where a commercial truck flips onto its roof, are some of the most dangerous types of accidents on the road. If you’ve been injured in a rollover accident or tragically lost a loved one due to another driver’s negligence, the aftermath can be overwhelming. We understand the emotional and financial strain a rollover accident can cause. That’s why we offer free consultations to discuss your case with an experienced truck accident attorney to review the details of your claim, advise you on your legal options, and guide you through every step of the process.
At Munley Law, our experienced trucking accident lawyers understand the unique challenges associated with rollover accidents. We’ve been fighting for the rights of injured victims since 1959, and our dedication has resulted in recovering maximum compensation for thousands of clients. Get the support you deserve during this difficult time. […]
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