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

Bloomsburg Medical Malpractice Lawyer

We trust healthcare providers to care for us when we are at our lowest. While most provide exceptional medical care, there may be situations where patients wonder what went wrong. Unfortunately, medical errors happen, leaving victims with more complications than they had in the first place.

If you or a loved one suffered from medical negligence in Columbia County, call the Bloomsburg medical malpractice lawyers of Munley Law. Our personal injury attorneys have decades of experience representing clients with complex medical malpractice claims and have taken on some of the area’s biggest hospitals and healthcare facilities. From day one, we will fight on your behalf to secure the justice and compensation you deserve. Submit a contact form today to connect with us for a free medical malpractice case review.

Trusted Medical Negligence Lawyers in Bloomsburg

Pennsylvania had the third-highest payout rate for medical malpractice claims in 2022, […]

Towanda Personal Injury Lawyer

Accidents happen daily, but that doesn’t mean the victims should shoulder the financial burdens of someone else’s negligence. Serving Towanda, the personal injury lawyers of Munley Law handle a wide range of accident claims, helping victims recover compensation for their medical bills, lost wages, property damage, pain and suffering, and more. With a commitment to quality client service, our lawyers handle the most complex cases and represent injured victims.

With multi-million dollar recoveries for clients, Munley Law is the firm to call when you’re injured. Call today for a no-obligation consultation.

Towanda Personal Injury Cases Our Attorneys Handle

Our comprehensive, full-service law firm handles the following personal injury cases in Towanda.

Car Accidents

In 2022, the Pennsylvania Department of Transportation reported over 500 car accidents in Bradford County alone. With auto accidents being so common, victims need to know what options they have for financial recovery. […]

Hospital Negligence Lawyer

Whether you’ve been hurt in an accident, are receiving specialized treatment, or are sick, being in a hospital can be a stressful experience. We trust medical professionals to provide the best standard of care, yet hospital negligence happens. Be it inadequate hospital staff, rushed doctors, or unsanitary conditions, if your hospital stay ends in more issues, you deserve justice. That’s where the hospital negligence lawyers of Munley Law come in.

For decades, our medical malpractice attorneys have fought for the fair treatment of the sick and injured. Allow our experienced attorneys to review your case and get you the compensation you deserve.

Call the hospital negligence lawyers of Munley Law today for a no-obligation, free consultation.

What Is Hospital Negligence?

Hospital negligence is a form of medical malpractice where a hospital employee–a nurse, doctor, surgeon, etc.– fails to provide the standard of care to the patient, […]

How Many Truck Accidents Are There in a Year?

According to the Federal Motor Carrier Safety Administration, there are approximately 500,000 truck accidents in the United States each year. This substantial number of accidents underscores the critical importance of understanding the factors contributing to truck crashes and the measures needed to enhance road safety for all users.

Trucks are a common sight on US roadways. Commercial vehicles alone make up a significant portion. The trucking industry has a duty of care in transporting billions of tons of freight each year, a major part of the US economy. Over 3.5 million American truck drivers are employed in the United States, and trucks make up 5% of all registered vehicles in the US. If that does not sound high to you, consider how heavy trucks are. A big rig with a tractor-trailer may weigh up to 80,000 pounds, while the average car weighs less than 10,000. […]

What Is a Coup-Contrecoup Brain Injury Following a Philadelphia Accident?

Coup-contrecoup brain injuries occur when a sudden impact or rapid movement causes the brain to hit one side of the skull and then the opposite side. Even mild head injuries can cause lasting brain damage. A traumatic brain injury lawyer can help secure compensation for the physical, emotional, and financial impact of such injuries.

At Munley Law, our Philadelphia brain injury lawyers handle all types of brain injury cases, including those causing permanent impairment. If you or a loved one has suffered a coup-contrecoup injury in a Philadelphia accident, contact us for a free consultation.

What Is a Coup-Contrecoup Brain Injury?

A coup-contrecoup brain injury is when two injuries happen simultaneously; independently, these injuries are known as “the coup” and “the contrecoup.” The impact that the injury has on the brain depends on where the origination is: