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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Wilkes-Barre Catastrophic Injury Lawyer
The aftermath of a serious accident may result in life-changing catastrophic injuries. These injuries can be devastating, often requiring substantial financial resources and ongoing support to manage the physical, emotional, and financial challenges associated with the harm you’ve experienced. If you have been the victim of a serious accident and suffered a serious injury such as a traumatic brain injury (TBI), a spine injury, burns, or an amputation, your life may be at a standstill and you’re not sure how to move forward.
You need a Wilkes-Barre personal injury lawyer, specifically with catastrophic injury experience, who will vigorously fight for your rights and best interests. Our Wilkes-Barre catastrophic injury lawyers have decades of experience and success advocating for our clients. Contact us today for a free, no-obligation consultation.
Causes of Catastrophic Injuries in Wilkes-Barre, PA
Severe and often life-altering injuries profoundly impact an individual’s physical, […]
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Wilkes-Barre Motorcycle Accident Lawyer
Accidents caused by careless and inattentive drivers continue to be a major hazard for motorcycle riders in Pennsylvania. If you suffered injuries in a motorcycle crash because of another driver’s negligent actions, a Wilkes-Barre motorcycle accident lawyer may be able to help you hold them liable for your accident-related expenses and losses.
Trusted since 1959, our motorcycle accident attorneys can help you understand your legal rights and explain your options for collecting compensation. Our case evaluations are always free, and we charge no fee unless we win compensation on your behalf. Call us today to discuss your case with a Wilkes-Barre motorcycle injury attorney for free.
Recovering Damages in a Wilkes-Barre, PA Motorcycle Accident Case
After a motorcycle crash in Wilkes-Barre, you may be able to recover two types of damages: economic and non-economic damages. […]
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Allentown Rear-End Accident Lawyer
Getting rear-ended can turn an ordinary day into a stressful and painful experience. Unfortunately, rear-end accidents are all too common in Allentown, Pennsylvania, and can lead to severe injuries and life-changing consequences. If you’ve been involved in a rear-end car crash in Allentown, you need auto accident lawyers who understand how to fight for you and get you the maximum compensation you deserve. At Munley Law, we’re here to help you understand your legal options every step of the way.
Allentown Rear End Accident Attorney
Rear-end collisions rank among the most prevalent types of car accidents in Allentown and across the country. Rear-end crashes occur when one vehicle hits the back of another, typically because the driver behind wasn’t paying attention, speeding, or following too closely. If you were injured in a rear-end collision, it’s important to have a skilled Allentown rear-end car accident attorney to guide you through the legal process and ensure the responsible party is held accountable. […]
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Allentown Lyft Accident Lawyer
An experienced Allentown Lyft accident lawyer can help you navigate the complexities of a car crash involving a Lyft driver. At Munley Law, we bring 65 years of expertise in personal injury and car accident claims to ensure you receive the outcome you deserve. Our team is well-versed in the intricacies of rideshare accident cases and is prepared to represent your interests. Don’t let the complications of a Lyft-related accident overwhelm you – contact us today for a free consultation.
When You Need an Allentown Lyft Accident Attorney
If you are injured in a Lyft accident, you need an Allentown Lyft accident lawyer to help with your claim. Going up against Lyft in a legal setting can be intimidating. These large and powerful companies have vast resources, so having one of our experienced rideshare accident attorneys on your side is important.
Suppose there are no injuries to any party involved in the accident and no property damage. […]
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Michigan Truck Accident Lawyer
As Michigan’s economy grows, trucking will play a crucial role in our transportation system. The state’s vast network includes major interstates like I-75, I-94, and I-96, essential for moving products within and beyond Michigan.
Unfortunately, busy roads mean truck accidents happen. When they do, it’s important to have a law firm specializing in large trucking accident cases, like the Munley Law truck accident lawyers, to help those affected by these life-changing events.
Michigan Truck Accident Attorneys
Due to the size and weight of the vehicles, these commercial truck accidents often result in severe injuries and considerable property damage. Michigan attorneys specializing in truck accidents have a deep grasp of the complex laws and regulations that specifically govern the trucking industry, including both federal and state safety standards.
When a truck accident happens, the personal injury lawyer’s role is to determine who is responsible. […]
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