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.
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 Nursing Home Abuse Lawyer
Nursing home abuse often requires a legal severe response from a Stroudsburg nursing home abuse lawyer. Munley Law understands how difficult of a situation this can be for you and your family. We bring decades of experience, a network of experts, and a winning strategy to each nursing home abuse case we handle. If you have reason to suspect that a resident of a long-term healthcare facility is being abused by staff, doctors, administration, other residents, or visitors, we can help. Call or fill out our online form to arrange a free, confidential consultation with a Stroudsburg nursing home abuse attorney at Munley Law.
The Common Types of Nursing Home Abuse in Stroudsburg, PA
Nursing home abuse can take different forms. Some kinds of abuse will have obvious physical signs, while others are harder to detect. To spot and stop it from happening, it is important to understand the different ways that healthcare facility residents may be abused. […]
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Stroudsburg Uber Accident Lawyer
The Stroudsburg Uber accident lawyers at Munley Law Personal Injury Attorneys represent Uber passengers as well as other motorists, cyclists, and pedestrians hit by negligent Uber drivers. If you or a loved one were injured in an Uber car accident, or if a family member was killed, contact an experienced Stroudsburg car accident lawyer at Munley Law Personal Injury Attorneys or via our online form for a free, no-obligation consultation as soon as possible. We are ready to discuss the circumstances of the accident and help you understand your legal options.
Accidents with Uber and Uber Eats Drivers in Stroudsburg
While Uber can be convenient and safe, there are risks inherent in taking a ride with Uber. A recent study conducted jointly by the University of Chicago and Rice University, shows that US traffic deaths have increased sharply with the increase in Uber drivers and use of the Uber app. […]
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Stroudsburg Birth Injury Lawyer
At Munley Law, our Stroudsburg birth injury lawyers want to help parents of injured newborns receive the financial resources necessary to give their child a long, healthy life. When you file a birth injury lawsuit, you can secure fair compensation to cover medical bills, lost wages, and other expenses from your child’s injury.
If your newborn suffered a birth injury due to the negligence of a medical professional, reach out to the birth injury lawyers at Munley Law. Call today for a free consultation with one of our compassionate birth injury lawyers. We will discuss all your legal options and then work to recover the compensation you deserve. Contact our Stroudsburg office today to schedule a free consultation.
How Negligence Causes Birth Injuries in Stroudsburg
When we step into a doctor’s office or hospital, we rely on medical professionals to do everything possible to ensure we are safe and healthy. […]
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Stroudsburg Motorcycle Accident Lawyer
If you’ve been in a motorcycle accident in Monroe County, a Stroudsburg motorcycle accident lawyer at Munley Law can help. Our legal team has decades of experience representing motorcycle accident victims and their families. We’ve successfully handled motorcycle cases throughout the Poconos. We understand the complexities of motorcycle accident cases and the tactics insurance companies use to minimize payouts.
Let our Stroudsburg motorcycle accident lawyers put their expertise to work for you, ensuring your rights are protected and you receive the compensation you deserve. Contact Munley Law Personal Injury Attorneys today to schedule your free consultation and take the first step toward recovery.
The Role Of a Motorcycle Accident Attorney in Stroudsburg
A motorcycle accident lawyer in Stroudsburg knows how to handle all types of auto accident cases. They’re well-versed in all the laws and can guide and represent people in these situations. […]
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Stroudsburg Premises Liability Lawyer
Whether you have had a slip and fall, dog bite, burn injury, poisoning, or other accident on someone else’s property, the Stroudsburg premises liability attorneys at Munley Law Personal Injury Attorneys can help you. For 65 years, our firm has helped thousands of people in Monroe County. We have earned a national reputation for our commitment to clients and record-setting verdicts and settlements. We will handle your claim and get you the money you need – at no out-of-pocket cost to you.
If you or someone you know suffered a serious injury on unsafe premises, contact us today for a free legal consultation. Call, chat live, or fill out our email form, and we will get back to you immediately. There’s no fee unless we win your case.
Compensation Available In a Stroudsburg Premises Liability Lawsuit
Pennsylvania law requires that property owners, […]
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