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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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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Stroudsburg Wrongful Death Lawyer
A Stroudsburg wrongful death lawyer at Munley Law can get justice for your family member and provide financial security for your family with a wrongful death lawsuit. Losing a family member under any circumstances is one of the most difficult things we can experience in life. But to know that you’ve lost a loved one to a preventable accident caused by someone else’s negligence is almost unthinkable. Our attorneys may be unable to reverse the harm done, but we can help hold the ones at fault accountable.
Contact our Stroudsburg personal injury lawyers today to learn how we can help you through this difficult time. We offer free consultations at our Stroudsburg office or virtually for your convenience. And we do not charge a cent for our services unless we win your case, so you risk nothing by speaking with our Stroudsburg wrongful death attorney. […]
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Stroudsburg Distracted Driving Accident Lawyer
If you were involved in a distracted driving accident in Stroudsburg, it can be challenging to get compensation for your injuries. It’s always a good idea to speak with an experienced Stroudsburg distracted driving accident lawyer at Munley Law to learn your legal options. We offer free consultations and work on a contingency basis, so you won’t have to worry about paying a fee until the case is settled. Contact our Stroudsburg car accident lawyers today to start your claim.
How a Distracted Driving Accident Lawyer in Stroudsburg Can Help
A Stroudsburg car accident lawyer can gather evidence, hire expert witnesses, negotiate with the insurance company, and protect your rights in the courtroom. Proving that a driver’s distraction caused an accident can be difficult. How do you prove that a driver was reaching for a piece of gum that fell between the seats? […]
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Construction Zone Crash Lawyers
Were You Injured in a Car Accident in a Construction Zone?
Car crashes in construction and work zones are particularly dangerous. At Munley Law, we understand the long-lasting impacts these car accidents can have on victims and their families. If you’ve been injured in a construction zone collision, you may be facing severe injuries and ongoing pain, the inability to work, and mounting medical bills and financial stress.
When a work zone accident disrupts your life, those responsible should be held accountable. With 65 years of experience, Munley Law car accident attorneys specialize in construction and work zone accident cases. We fight tirelessly to ensure victims receive full compensation for their suffering and losses.
Don’t face this challenging time alone. Contact Munley Law for a free consultation to learn how we can help you recover the compensation you deserve after a construction zone crash. […]
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Stroudsburg Rideshare Accident Lawyer
The Stroudsburg rideshare accident lawyers at Munley Law have been helping victims of Uber and Lyft car accidents receive compensation for their injuries. We understand how difficult a rideshare accident case can be and are ready to hold the ridesharing company accountable for the accident. If you were in a car accident with a rideshare driver, we’re here to help. Contact a Stroudsburg car accident lawyer now to schedule a free consultation.
What to Do If You’ve Been Involved in a Rideshare Accident in Stroudsburg
No one expects to get into a car accident, particularly when riding as a passenger in a rideshare service like Uber or Lyft. On average, people don’t take lengthy rideshare trips. On the contrary, the average Uber ride is about five miles. And although accidents don’t discriminate when it comes to the length of a trip, most people just expect to safely be in and out of their rideshare from Point A to Point B. […]
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