Claim

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.

More information about Claim

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. […]

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. […]

Reading Medical Malpractice Lawyer

When you suffer an injury because of a doctor’s mistake, a Reading medical malpractice lawyer is the person you want in your corner. Dealing with medical malpractice on your own is never easy. It can take a toll on your body, mind, and wallet. But with a knowledgeable Reading medical malpractice attorney on your side, you don’t have to go through it alone. They’ll do the heavy lifting—gathering evidence, talking to medical experts, and standing up for your rights—so you can concentrate on getting better.

If you or someone you love has suffered because of medical malpractice, don’t wait. Reach out to a Reading medical malpractice lawyer at Munley Law today and start your journey toward justice.

How Medical Malpractice Attorneys in Reading Prove Negligence

As with any personal injury claim, to prove negligence in medical malpractice claims, our Reading medical malpractice law firm will need to illustrate the following elements that exist in your doctor-patient relationship:

A professional duty was owed to the patient by the healthcare provider. […]

Reading Motorcycle Accident Lawyer

A Reading motorcycle accident lawyer is an essential advocate in the aftermath of a collision. Motorcyclists face unique challenges on the road, often encountering more significant risks than other vehicle operators. Their vulnerability to severe injuries and the complexities of accident liability make professional legal representation invaluable. When an accident occurs, the consequences can be life-altering, affecting the rider’s physical well-being, financial stability, and long-term quality of life.

Expert legal counsel is paramount in these situations. A skilled Reading motorcycle accident attorney from Munley Law navigates the intricacies of insurance claims, establishes fault, and vigorously pursues fair compensation. Their experience can significantly impact the outcome of a case, potentially transforming a hasty settlement into a comprehensive resolution. Insurance companies may attempt to minimize the extent of a rider’s suffering, but a dedicated accident lawyer recognizes the full spectrum of damages. From immediate medical expenses to long-term rehabilitation costs and lost wages, […]

Hazleton Wrongful Death Lawyer

Our Hazleton wrongful death lawyer at Munley Law knows there nothing is more devastating than the loss of a loved one. If that loss resulted from another person’s negligence or carelessness, the pain may be even greater. In addition to the immense grief you are feeling, you will likely also face sudden financial distress. Funeral costs, medical bills, loss of income, and more. While no amount of money can replace your loved one, a fair settlement can alleviate the burden of these costs and give you peace of mind.

Our compassionate and experienced personal injury attorneys in Hazleton have helped thousands of families like yours and we’re here to help. Chat live, fill out our email form, or call today for a free consultation with a Hazleton wrongful death lawyer at Munley Law Personal Injury Attorneys. There is no charge for our services unless we win your case. […]