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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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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Stroudsburg Medical Malpractice Lawyer
Our Stroudsburg medical malpractice lawyer recognizes the profound impact a medical error can have on your life. While healthcare professionals are legally obligated to maintain a specific standard of care, mistakes unfortunately occur with alarming frequency in Stroudsburg, often resulting in severe injuries or even loss of life.
If you’ve been affected by a medical mistake, you don’t have to face the aftermath or financial burden alone. At Munley Law, we are prepared to help you hold negligent healthcare providers accountable. We collaborate with medical experts to determine the cause of the error and use this information to build a solid legal case on your behalf. Contact our medical negligence lawyers in Stroudsburg today to schedule a free consultation.
The Role of a Stroudsburg Medical Malpractice Attorney
Responding to and moving forward from a medical mistake is difficult. […]
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Stroudsburg Lyft Accident Lawyer
The Stroudsburg Lyft accident lawyers at Munley Law will review the specifics of your accident, answer your questions, and make sure the right people are held responsible. We can help you understand whether you are entitled to compensation for your injuries and how much you might receive. Obtaining the compensation you deserve for your injuries and losses after a Lyft or Uber accident can be complicated.
Contact our Stroudsburg rideshare accident lawyer as soon as possible for a free, no-obligation consultation to discuss the circumstances of the accident and your rights.
How Are Accidents Involving Lyft Drivers Different Than Other Car Accidents?
Because Lyft drivers are independent contractors and use their personal vehicles, Lyft accident lawsuits are different than those involving commercial vehicles such as buses or taxi services.
A Lyft accident case presents unique challenges in showing who is required to pay accident victims for their injuries. […]
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Fatal Truck Accidents in Stroudsburg, PA
A fatal truck accident is a devastating event with catastrophic consequences for the victim’s family and loved ones. If you’ve lost a loved one in a fatal truck accident, it is important to seek the advice of an experienced Stroudsburg truck accident lawyer who can help you traverse the legal process and secure the compensation you’re entitled to.
For 65 years, Munley Law Personal Injury Lawyers have been handling fatal truck accidents across Stroudsburg and the Poconos. We understand the complexities of these cases can be and work hard to help you after such a tragic event. Let us help you with your truck accident claim. Call or contact us today to schedule a free consultation.
Common Causes of Fatal Truck Accidents in Stroudsburg
According to the Pennsylvania Department of Transportation (PennDOT), in 2023 there were 138 heavy truck-related fatalities in Pennsylvania. […]
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