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 Is the Average Time for a Car Accident Settlement?
How Long Does a Car Accident Settlement Take?
After a car crash, you want to put it behind you, including the settlement. You may be asking “What is the average time for a car accident settlement?” However, every car accident is different, which is why there is no average time for a car accident settlement. Especially when you’re waiting for an insurance company to pay up.
The timeline for an auto accident settlement process depends on the facts of the case, the insurance companies included, and the severity of your injuries.
Typically, the settlement process can take weeks to months, and in some severe cases, years. Don’t go it alone. A car accident attorney can help you through the process.
Remember, a settlement and a lawsuit are two different things. A fair settlement is reached before a court case or even during one. […]
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West Chester Personal Injury Lawyer
If you’ve been hurt in a car accident, medical malpractice, workplace injury, or other traumatic event due to someone
else’s negligence, you are entitled to compensation for your losses. The West Chester personal injury lawyers of Munley Law have represented injury victims for over 60 years, striving for the best results for our clients.
We take on the insurance company when settlement negotiations are not going your way, and we fight diligently in court should your case go to trial.
Call the West Chester personal injury law firm of Munley Law today for a free consultation with no obligation.
Why You Need a Personal Injury Attorney in West Chester
Contact a West Chester personal injury attorney for the best legal advice if you’ve been hurt in the Philadelphia Metropolitan area. By working with a local law office, […]
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What Happens If You Are a Passenger in a Car Accident?
Passengers in Car Accidents Entitled to Compensation
Accidents happen every day, and often, it’s the passengers involved who experience some of the most devastating consequences. Whether those consequences include medical complications or psychological harm, the passenger in an accident is absolutely entitled to compensation.
If you were a passenger in a car accident and obtained an injury of any kind, you should be sure to pursue your rights to fair compensation. Whether it’s a personal injury claim, an insurance claim, or both, an accident lawyer can help if you were the passenger in a car crash.
If you need legal assistance, do not hesitate to reach out to one of our dedicated and highly experienced car accident lawyers at Munley Law Personal Injury Attorneys.
When to Pursue Legal Action in a Car Accident
A common mistake many passengers injured in a car crash make is not wanting to pursue a personal injury claim or any legal action for fear of causing harm or negative implications for the driver. […]
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Pedestrian Accident Lawyer
If you’ve been struck by a car or other vehicle while walking, speak with a pedestrian accident lawyer as soon as possible. You may face medical bills, lost wages, and a long road to recovery. And on top of that, you may wonder what your legal rights are. A qualified attorney can advocate for your rights and help you get the compensation you deserve for your injuries.
Munley Law has a team of experienced pedestrian accident lawyers dedicated to helping our clients get the best possible results. We understand the physical, emotional, and financial challenges that you’re facing, and we’re here to help you every step of the way. We offer a free consultation so that you can learn more about your legal rights and options. Contact Munley Law today to schedule a free case evaluation. There is no fee unless we win your case.
The Role of a Pedestrian Accident Attorney
Being in an accident is tough, […]
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Reading Birth Injury Lawyer
Dealing with a birth injury can be overwhelming for any family. A Reading birth injury lawyer can provide the support and legal expertise you need to seek justice and compensation for your child’s injuries. They understand your challenges and are dedicated to helping you navigate this difficult time.
Common Types of Birth Injuries in Reading, PA
A birth injury attorney serves as a powerful advocate for children who have been injured at birth, fighting to secure the compensation and care they need for a better future. The most common birth injuries we handle in Reading, PA include:
- Cerebral Palsy: Often caused by oxygen deprivation during birth, this condition affects movement and muscle coordination.
- Erb’s Palsy or Brachial Plexus Injuries: These injuries impact the nerves controlling the arms and hands, often resulting from shoulder dystocia during delivery. […]
