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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Scranton Slip and Fall Lawyer
If you slipped and fell due to a hazard on someone else’s property, a Scranton slip and fall attorney at Munley Law can help. Scranton property owners must keep their property safe for patrons and visitors. Hazards that cause someone to slip, trip, or fall can cause serious injuries. These kinds of accidents can happen on private property, in a public place, or a commercial business. Regardless of where it occurs, landlords and property managers can be held responsible for serious injuries on their property.
Our slip and fall accident lawyers can help. Contact us today to schedule a free consultation.
Why You Need a Scranton Slip and Fall Attorney
If your injuries are severe, require medical treatment, and will leave you with any additional damages, such as lost wages, it is best to meet with a slip and fall lawyer in Scranton to learn more about your options. […]
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Scranton Uber Accident Lawyer
The Scranton Uber accident attorneys at Munley Law have been helping ridesharing accident victims get the compensation they deserve throughout Lackawanna County. We understand how difficult these cases tend to be and that’s why we won’t settle for an offer that’s less than you deserve.
If you were involved in an Uber accident in Scranton, it’s in your best interest to contact our Scranton personal injury lawyer for a free, no-obligation consultation as soon as possible.
Who Can Be Held At Fault For an Uber Accident in Scranton?
Accidents involving Uber drivers create some confusing scenarios. It often takes a talented Scranton injury lawyer to define the details. Unlike an accident involving a taxi or bus, where the company may be held responsible for your accident, the financially responsible party and the applicable insurer may not always be prominent. […]
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Scranton Wrongful Death Lawyer
If you suffered the loss of a loved one due to someone else’s negligence or recklessness, contact a Scranton wrongful death lawyer at Munley Law for a free consultation. We understand how difficult this time is and will offer any legal help you and your family need as you take the time to mourn the loss. We will answer your questions and help you determine your next steps. Chat live, fill out our contact form, or call today to speak to someone immediately about your loss. There is no fee unless we win your case.
What is a Wrongful Death Lawsuit in Scranton?
“Wrongful death” refers to a loss of life that results from another person or organization’s negligent action. The purpose of a wrongful death claim is to hold the negligent party responsible for the harm they caused and to recover damages for surviving family members. […]
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Scranton Premises Liability Lawyer
Property owners are legally obligated to keep their property safe for visitors and patrons and adequately warn of any hazards. They can be held responsible if they fail to do so and someone gets hurt. If you injured someone else’s property due to unsafe conditions, your first call should be to a Scranton premises liability lawyer at Munley Law.
When you suffer a severe injury due to another person or company’s negligence, your choice of attorney matters. You need someone with the experience and the resources to achieve the best results. Munley Law has won millions of dollars in settlements and verdicts for our clients and has earned the highest client satisfaction ratings. Let us handle the legal battle so that you can heal from your injury and focus on the things that matter most. Contact us today to schedule a free consultation. […]
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Scranton Rideshare Accident Lawyer
If you have been injured as a passenger in a rideshare accident, you need an experienced Scranton rideshare accident lawyer. Unlike car accidents, these cases can be complicated to resolve and find fault for your injuries. You’ll deal with multiple parties, potentially more than one insurance company, large rideshare companies, and more. It’s not a fight you should have to go alone.
For 65 years, the Scranton car accident attorneys at Munley Law Personal Injury Attorneys have obtained the maximum compensation for injured victims in all types of accidents, including car accidents. Regardless of how the accident happened, you should report the incident to Lyft or Uber through their app as soon as possible. Then, hire an expert Scranton rideshare accident lawyer who can help you navigate building your case so you get the compensation you deserve.
How Fault Is Determined in Scranton Rideshare Accident Cases
While apps like Uber and Lyft help us get from point A to point B more efficiently, […]
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