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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Lancaster Car Accident Lawyer
When facing the aftermath of a car crash, having an experienced Lancaster car accident lawyer by your side is your best line of defense and advocacy. Choosing Munley Law means combining seasoned expertise, recognized excellence, and genuine client care for Lancaster residents. With our team in your corner, navigating the legal intricacies of a motor vehicle accident claim becomes a journey you’re never alone in.
If you or a loved one were involved in a car crash, call the Lancaster car accident attorneys of Munley Law for a no-obligation, free consultation.
Common Causes of Car Accidents in Lancaster, PA
Car accidents in Lancaster are often influenced by unique local factors, ranging from challenges posed by historic narrow roads to increased traffic during peak tourist seasons. Data reveals that distracted driving, tight intersections, and adverse weather conditions have greatly impacted the area’s car accident rates. […]
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Kutztown Personal Injury Lawyer
Accidents are inevitable, but some result from negligence. While genuine accidents are unforeseeable and unavoidable, negligent injuries occur due to someone’s failure to exercise reasonable care. When someone’s irresponsibility causes harm, victims can seek compensation. A Kutztown personal injury lawyer at Munley Law can help in such cases.
Insurance companies are notorious for lowballing personal injury victims. When you have an experienced Kutztown personal injury lawyer by your side, you can rest assured that your rights will be protected. At Munley Law, our personal injury attorneys offer a free consultation to new clients. You will speak with a seasoned personal injury lawyer who will listen to your story, lay out your legal options, and guide you through the claims process. Call today for your free initial consultation.
How Can a Personal Injury Lawyer Help Me?
Dealing with an injury is stressful. […]
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Are Highways Safer Than Regular Roads?
Believe it or not, highways are generally safer than regular roads. While traffic accidents can happen anywhere, statistics show that highways have a lower rate of fatal accidents and injury crashes compared to local and arterial roads. In this article, we’ll go over the factors that contribute to highway safety, including the limited access points, speed limits, and physical barriers on highways.
If you have any more questions regarding highway safety, or if you have been involved in a highway accident, call the Munley Law personal injury lawyers. Our accident lawyers offer a free consultation where we will answer your questions and discuss your legal options.
Crash Fatality Statistics: Highways vs. Local and Arterial Roads
According to a 2022 report from the Insurance Institute for Highway Safety (IIHS), crash deaths in rural areas were less likely to occur on rural highways, […]
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Common Hand and Wrist Injuries
Not many of us realize how much a hand injury can affect our our daily activities and everyday life. A hand or wrist injury, especially a 
severe one, can cause the victim to lose time at work, need surgical treatment, have extraordinarily high medical expenses, and experience pain for the rest of their lives. Hand and wrist injuries, even seemingly small injuries (a dislocated finger, mild sprains, nerve injuries, ligament tears, wrist strains, etc.) need effective treatment so they don’t haunt you for the rest of your life.
If your hand was injured in an accident caused by negligence, reach out to the Munley Law personal injury attorneys as soon as possible. We will work to recover compensation for medical bills, missed days of work, and ongoing medical care you need to fully recover. We offer a free consultation to new clients where we will assess your claim and lay out all your legal options. […]
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Do Pedestrians Always Have the Right of Way?
When you first learned to drive, you may have been told pedestrians have the right of way. While this is generally true, pedestrians don’t always have the right of way. Of course, drivers must always be aware of their surroundings, including looking for pedestrians, but pedestrians must also be aware of traffic lights, crosswalks, and oncoming traffic.
If you were involved in a pedestrian accident and are questioning who has the right of way, Munley Law is here to help.
When Do Pedestrians Have the Right of Way?
Under Pennsylvania law, there are a few scenarios where pedestrians always have the right of way. However, it is ultimately the responsibility of drivers and pedestrians to practice safety on the roadways and be mindful before walking into traffic.
Crosswalks Without Signals
If a pedestrian is at an unmarked crosswalk without traffic signals, […]
