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

New York Car Accident Lawyer

Work with an Experienced New York Car Accident Attorney

In New York state, there are an average of 1,098 traffic accident related deaths every year; in fact, car accidents are the leading cause of injury-related death for New Yorkers. Beyond that, more than 12,000 New Yorkers are hospitalized annually for injuries from traffic accidents; this means that 61.5 out of every 100,000 people in the state are hospitalized for this reason each year. Car accidents are a harrowing experience for anyone involved, and PTSD is a common result of experiencing a serious accident. The physical, mental, emotional, and financial toll of a car accident cannot be overstated.

The good news, however, is that you don’t have to go it alone. If you or a loved one has been in a car accident in New York, you may be overwhelmed by an endless stream of questions: Will my insurance cover this? […]

Can a Passenger Sue Both Drivers?

Filing a Claim as a Passenger in a Car Accident

If you have been injured in an accident, you probably have a lot of questions about your car accident case, and depending on the incident, one of them may be, “Can a passenger sue both drivers?”

When a car accident takes place, an investigation will occur to determine who is at fault. Insurance companies will review the data and police report and come to a determination. Sometimes, it is a single driver who is found to be negligent and at fault; perhaps they were driving drunk or made a reckless decision.

Let an experienced motor vehicle accident lawyer at Munley Law help answer your questions today with a free consultation.

When Multiple Drivers are Involved in a Collision

Other times, two or more drivers involved can be found at fault in a car accident, […]

What Should I Do If I Get Hit by a Car While Walking?

Pedestrian accidents can cause serious injuries. Unlike drivers or passengers in cars, pedestrians have no protection from impact. This makes them more vulnerable in accidents. If you are hit by a car, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering. It doesn’t matter who caused the accident; if you are hurt, you have the right to seek compensation. A skilled pedestrian accident attorney at Munley Law can help protect your right to the compensation you deserve. Regardless of who was at fault for the accident, victims deserve to be compensated for the pain and suffering they have endured. Experienced pedestrian accident attorneys with a winning track record, like those at Munley Law Personal Injury Attorneys, can help to ensure that your rights are protected and that you receive the compensation that you deserve and that you are entitled to.

Steps to Take if You Are Injured as a Pedestrian in a Car Accident

Call the police; […]

Wilkes-Barre Uber Accident Lawyer

If you or a loved one were injured in an Uber car accident, or if a family member was killed, contact an experienced Wilkes-Barre Uber accident lawyer at Munley Law Personal Injury Attorneys 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.

How A Wilkes-Barre Uber Accident Attorney Can Help

Uber considers itself a technology company, not a transportation company, so it maintains only minimal insurance for its drivers. Typically, Uber provides only one million dollars of insurance coverage for its drivers. While this may seem like a lot of money, if you or a loved one have suffered severe injuries as a result of an Uber car accident, your costs for medical bills, rehabilitation, lost wages, and other expenses may be significantly more than this amount. […]

Pittsburgh Wrongful Death Lawyer

As personal injury lawyers, it is Munley Law Personal Injury Attorneys’ mission is to make things right for people who have suffered terrible injuries and losses because of someone else’s negligence. But there are some wrongs that can never truly be made right. Losing a loved one to wrongful death is absolutely devastating. While we cannot bring that person back, our Pittsburgh personal injury lawyer can and will aggressively pursue the justice your family deserves with a wrongful death lawsuit.

If you lost someone because of a car or truck crash, workplace accident, medical error or other preventable incident in Pittsburgh, you may be entitled to compensation. While no amount of money will ever replace your loss, financial compensation can bring some peace of mind and security for your future. And, a wrongful death lawsuit is often the only way of holding the at-fault party accountable for their actions. […]