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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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. […]
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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, […]
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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. […]
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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? […]
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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 in order to assign 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, […]
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