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 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; […]
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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. […]
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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. […]
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PA Workers’ Compensation Denials
As a state with a long history of being at the forefront of industry, manufacturing, natural resources, and transportation, Pennsylvania has a long relationship with the fight for worker rights.
The need to safeguard workers became increasingly apparent as Pennsylvania’s industrial revolution moved forward in the early 20th century. Hazardous workplace conditions caused injuries to grow in both type and frequency. This surge in workplace accidents highlighted the necessity for laws designed to protect employees, leading to the development of workers’ compensation regulations. The Pennsylvania Workers’ Compensation Act of 1915 was a law that provided employees with financial protection while requiring employers to maintain workers’ compensation insurance coverage.
If you have experienced a workplace injury in PA, you should be able to rely on this historic Pennsylvania state law to provide a financial safety net for you and your family while you recover. […]
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East Stroudsburg Personal Injury Lawyers
Whether you’ve been involved in a car or motorcycle accident or experienced medical malpractice such as a surgical error, you might be overcome with the many new challenges you now have to deal with. The physical toll your injury has taken on you and your family, the mounting medical bills, and lost wages due to missed work, coupled with trying to understand your legal rig,hts can become overwhelming. If you have tragically lost a loved one, you might be considering a wrongful death case, but you don’t know where to begin.
At Munley Law, we’ve been fighting for personal injury victims since 1959, earning national recognition for our expertise in personal injury litigation. Our attorneys have been named among the Best Lawyers in America, Pennsylvania Super Lawyers, and are board certified by the National Board of Trial Advocacy. Our proven track record has secured numerous multi-million dollar settlements and verdicts for our clients. […]
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