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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Stroudsburg Lyft Accident Lawyer
The Stroudsburg Lyft accident lawyers at Munley Law will review the specifics of your accident, answer your questions, and make sure the right people are held responsible. We can help you understand whether you are entitled to compensation for your injuries and how much you might receive. Obtaining the compensation you deserve for your injuries and losses after a Lyft or Uber accident can be complicated.
Contact our Stroudsburg rideshare accident lawyer as soon as possible for a free, no-obligation consultation to discuss the circumstances of the accident and your rights.
How Are Accidents Involving Lyft Drivers Different Than Other Car Accidents?
Because Lyft drivers are independent contractors and use their personal vehicles, Lyft accident lawsuits are different than those involving commercial vehicles such as buses or taxi services.
A Lyft accident case presents unique challenges in showing who is required to pay accident victims for their injuries. […]
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Fatal Truck Accidents in Stroudsburg, PA
A fatal truck accident is a devastating event with catastrophic consequences for the victim’s family and loved ones. If you’ve lost a loved one in a fatal truck accident, it is important to seek the advice of an experienced Stroudsburg truck accident lawyer who can help you traverse the legal process and secure the compensation you’re entitled to.
For 65 years, Munley Law Personal Injury Lawyers have been handling fatal truck accidents across Stroudsburg and the Poconos. We understand the complexities of these cases can be and work hard to help you after such a tragic event. Let us help you with your truck accident claim. Call or contact us today to schedule a free consultation.
Common Causes of Fatal Truck Accidents in Stroudsburg
According to the Pennsylvania Department of Transportation (PennDOT), in 2023 there were 138 heavy truck-related fatalities in Pennsylvania. […]
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Can a Passenger Sue Both Drivers?
Filing a Claim as a Passenger in a Car Accident
If you have been injured in an accident, you probably have a lot of questions about your car accident case, and depending on the incident, one of them may be, “Can a passenger sue both drivers?”
When a car accident takes place, an investigation will occur in order to assign fault. Insurance companies will review the data and police report and come to a determination. Sometimes, it is a single driver who is found to be negligent and at fault; perhaps they were driving drunk or made a reckless decision.
Let an experienced motor vehicle accident lawyer at Munley Law help answer your questions today with a free consultation.
When Multiple Drivers are Involved in a Collision
Other times, two or more drivers involved can be found at fault in a car accident, […]
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Stroudsburg Wrongful Death Lawyer
A Stroudsburg wrongful death lawyer at Munley Law can get justice for your family member and provide financial security for your family with a wrongful death lawsuit. Losing a family member under any circumstances is one of the most difficult things we can experience in life. But to know that you’ve lost a loved one to a preventable accident caused by someone else’s negligence is almost unthinkable. Our attorneys may be unable to reverse the harm done, but we can help hold the ones at fault accountable.
Contact our Stroudsburg personal injury lawyers today to learn how we can help you through this difficult time. We offer free consultations at our Stroudsburg office or virtually for your convenience. And we do not charge a cent for our services unless we win your case, so you risk nothing by speaking with our Stroudsburg wrongful death attorney. […]
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Stroudsburg Distracted Driving Accident Lawyer
If you were involved in a distracted driving accident in Stroudsburg, it can be challenging to get compensation for your injuries. It’s always a good idea to speak with an experienced Stroudsburg distracted driving accident lawyer at Munley Law to learn your legal options. We offer free consultations and work on a contingency basis, so you won’t have to worry about paying a fee until the case is settled. Contact our Stroudsburg car accident lawyers today to start your claim.
How a Distracted Driving Accident Lawyer in Stroudsburg Can Help
A Stroudsburg car accident lawyer can gather evidence, hire expert witnesses, negotiate with the insurance company, and protect your rights in the courtroom. Proving that a driver’s distraction caused an accident can be difficult. How do you prove that a driver was reaching for a piece of gum that fell between the seats? […]
