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 Can I Do to Protect My Rights After a Car Accident in Wilkes-Barre?
If you or a loved one are involved in a car accident in Wilkes-Barre, Pa., you need to understand what your rights are to protect yourself and any potential lawsuit you may have going forward. Your first step is to contact an experienced Wilkes-Barre car crash lawyer at Munley Law to start the claims process and to get your legal questions answered. Contact us today to schedule a free consultation.
How Do I Protect My Rights After a Car Accident in Wilkes-Barre, PA?
Following a car accident in Wilkes-Barre, you are likely stressed, emotional, and unsure what your next move should be–especially if you were not at fault. The Wilkes-Barre car accident lawyer of Munley Law Personal Injury Attorneys is here to help you protect your rights and process a car accident claim or personal injury lawsuit. […]
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Wilkes-Barre Birth Injury Lawyer
A Wilkes-Barre birth injury lawyer can help you seek justice if your child has suffered due to medical negligence. If a doctor acted negligently and caused your child to suffer a birth injury, you may be able to file a medical malpractice claim against them. By filing an insurance claim or civil suit, you may be able to collect compensation to pay for treatment, therapy, and even ongoing care costs. Our birth injury lawyer in Wilkes-Barre can review your case and help you understand your rights for compensation on behalf of your child.
Call Munley Law today or fill out an online form to schedule a free consultation.
When is a Birth Injury Considered Medical Malpractice in Wilkes-Barre?
Many people believe that if their child suffers an injury during birth, the doctor is automatically liable. […]
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What Causes Most Car Accidents To Happen in Wilkes-Barre?
Wilkes-Barre is located near several heavily traveled roads, such as I-81, the Pennsylvania Turnpike, Route 11, and the Cross Valley. Unsurprisingly, the number of car accidents in Wilkes-Barre has steadily increased in recent years. Knowing where most car accidents occur in Wilkes-Barre can you be more alert when traveling in these areas.
If you or your loved one were a victim of a car accident in Wilkes-Barre, Pennsylvania, you may have the right to compensation. The Wilkes-Barre car accident lawyers at Munley Law have extensive knowledge of Pennsylvania law, various insurance policies, and the Pennsylvania court system. Call today for a free consultation with one of our expert car accident lawyers. We will guide you through the claims process and do everything in our power to ensure you receive the maximum compensation for your injuries.
The Common Causes of Car Accidents in Wilkes-Barre, […]
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Wilkes-Barre Rideshare Accident Lawyer
If you are a passenger, motorist, or pedestrian injured in an accident caused by a rideshare driver, it’s important to have an experienced Wilkes-Barre rideshare accident lawyer on your side to ensure you receive the compensation you deserve. At Munley Law, we represent clients in various rideshare accident scenarios. Whether you were a passenger in an Uber or Lyft when your driver caused a crash, driving your vehicle, or walking when a negligent rideshare driver hit you, our skilled personal injury attorneys can help you navigate the complicated legal landscape surrounding these claims. Contact us today to schedule a free consultation.
At-Fault Parties in a Wilkes-Barre Rideshare Accident
Rideshare accidents in Wilkes-Barre (and most places in the United States) can have added complications. These car accidents are treated differently than an accident with a normal vehicle or traditional commercial vehicle.
Determining liability and insurance coverage in a rideshare accident can be complicated. […]
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Can Union Workers in Wilkes-Barre Receive Workers’ Compensation?
If you’re part of a labor union, you have benefits other workers don’t. Collective bargaining agreements can increase your pay, working conditions, job security, and more. As a union worker, you pay a fee so your union can negotiate these benefits on your behalf. It doesn’t mean you’re immune to injuries on the job.
At Munley Law Personal Injury Attorneys, our Wilkes-Barre workers’ compensation lawyers have been helping union workers file workers’ compensation claims for decades. Many unions also provide added benefits for workplace injuries. Some unions also provide legal resources for their employees. However, these lawyers can get overwhelmed with their caseload. Get your maximum benefits by hiring a lawyer experienced with workers’ compensation and union workers.
Call or contact us for a free case evaluation today.
Union Employees May Have Added Workers’ Comp Coverage
There are about 900,000 unionized employees in Pennsylvania’s AFL-CIO. […]
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