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
Hospital Negligence Claims in Wilkes-Barre, PA
Going to the hospital is scary. One of the few comforts is knowing that you’re in the hands of medical professionals whose job is to make you feel better. So, where do you turn when the medical care harms you?
Hospital and medical negligence is becoming more prevalent in Wilkes-Barre, Pennsylvania, and the United States. Hospitals are consistently understaffed, and the healthcare and insurance systems strain doctor-patient relationships. There is an increasing problem with systemic negligence in medical clinics, emergency departments, and hospitals. Hospital negligence leads to misdiagnosis, delayed diagnosis, medication errors, surgical errors, and more. The results may not be a reversible error and can be devastating to the patient.
If hospital negligence resulted in an injury or worsened illness, you have the right to pursue a medical malpractice lawsuit against the liable parties. Call the Munley Law Wilkes-Barre medical malpractice lawyers today for a free consultation. […]
Read MoreMore information about Claim
Cancer Misdiagnosis Claims in Wilkes-Barre, PA
Cancer is one of the “big three” categories that account for nearly half of all serious misdiagnosed illnesses in Wilkes-Barre, Pennsylvania, and across the United States. A cancer misdiagnosis can delay cancer treatment, allowing the
cancer to spread unknowingly in the patient. As we all know, this can significantly reduce the patient’s chances of survival.
If you or your loved one were a victim of medical malpractice where your cancer worsened due to a misdiagnosis, you may have a valid medical malpractice claim. At Munley Law, a Wilkes-Barre cancer misdiagnosis lawyer will investigate your case, determine the liable parties, and hold the responsible medical professionals accountable. Call today for a free consultation with an experienced Wilkes-Barre medical malpractice lawyer who will offer legal advice and work around the clock to recover the compensation you deserve.
Cancer Misdiagnosis and Medical Malpractice in Wilkes-Barre
According to the Centers for Disease Control and Prevention (CDC), […]
Read MoreMore information about Claim
Hospital Negligence Cases in Scranton
As a patient, you have the right to expect your medical provider and surrounding medical professionals to uphold the expected standard of care. Anything below that standard is considered medical negligence. If the patient is injured due to that negligence, then they may have a legitimate claim for medical malpractice. It’s as simple as that.
If you were the victim of hospital negligence in Scranton, Pennsylvania, and were injured as a result, contact the Munley Law Scranton medical malpractice lawyers. Our experienced attorneys will hold the negligent hospital and employees accountable for their actions and pursue fair compensation on your behalf.
What Constitutes Hospital Negligence in Scranton?
Hospital negligence is a failure by the hospital or hospital staff to meet the expected standard of care for its patients. […]
Read MoreMore information about Claim
Harrisburg Premises Liability Lawyer
When shopping, visiting friends, or eating at a restaurant in Central Pennsylvania, one of the last things on your mind is getting injured. But, as we know, accidents can happen. When they do, it’s important to know your rights, mainly if the
injury occurs on someone else’s property.
In Harrisburg, premises liability law protects you when property owners fail to maintain a safe environment.
Were You Injured on Someone Else’s Property?
Imagine visiting a hotel lobby, and as you walk through, you step on a loose tile that hasn’t been fixed or marked as a hazard. You lose your balance and fall, breaking your leg. This scenario falls under premises liability, a legal concept that holds property owners responsible for injuries that occur on their property due to dangerous conditions.
If you’ve been hurt on someone else’s property, […]
Read MoreMore information about Claim
Harrisburg Lyft Accident Lawyer
As the victim of a Lyft accident in Harrisburg, Pennsylvania, you may be feeling overwhelmed and unsure of your next
steps. The legal aftermath of a rideshare accident can be complicated, but you certainly don’t have to do it alone.
At the law firm of Munley Law, our team of dedicated Harrisburg Lyft accident attorneys is here to help you understand your rights and options. We know how these accidents can turn your life upside down, and we’re committed to helping you get the fair compensation you deserve.
Understanding Lyft Accidents in Harrisburg
Understanding Lyft accidents means knowing how they differ from regular car accidents. Rideshare accidents involve more parties, like the company and its insurance policies. It also matters if the Lyft driver was on duty at the time. This affects which insurance will cover the damages. […]
Read More
