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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Medical Malpractice Attorney
We trust medical professionals to make the right choices for our medical care. But when errors occur in diagnosing, treating, or monitoring a patient, the results can be catastrophic and even fatal. The medical malpractice lawyers of Munley Law understand how devastating a negligent medical error can be and the long-term implications it can have on your family.
For 65 years, the personal injury lawyers of Munley Law have represented injured victims of negligent medical practices. We can handle negotiations with insurance companies or take your case to court with a medical malpractice lawsuit. Call the medical malpractice attorneys of Munley Law today for a no-obligation, free consultation.
What Is Medical Malpractice?
The National Library of Medicine defines medical malpractice as “any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.” […]
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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 driversare 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. […]
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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:
- Frontal Lobe: This center is responsible for reasoning, […]
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Uber Insurance Claims: How Do They Work in Philadelphia?
Philadelphia’s streets are constantly busy, with more people opting for rideshare services like Uber. As Uber rides become more common, so do the accidents that come with them. If you’ve been involved in an Uber accident in Philadelphia, you know how overwhelming it can be to handle injuries, medical bills, lost wages, and other damages.
Your rideshare insurance claim is vital to securing compensation, not just for your pain and suffering, but also for the financial burdens like medical expenses and time missed from work. Getting timely relief is essential when your life is turned upside down by an Uber accident. An experienced lawyer can help you handle the challenges of rideshare claims and insurance. Contact our Philadelphia Uber accident lawyers at Munley Law for a free consultation. It’s a risk-free opportunity to discuss your case and understand your options. […]
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Hit and Run Car Accidents in Scranton, PA
In the wake of a hit and run accident, victims are often left with more questions than answers. The physical and emotional trauma can be overwhelming, and the legal complexities that follow can add to the stress. This is where a dedicated car accident lawyer in Scranton becomes invaluable. A skilled attorney can navigate the legal labyrinth, fighting for your rights and working tirelessly to secure the compensation you deserve.
At Munley Law, we believe in a client-centered approach. From the moment you reach out to us, we’re committed to providing you with comprehensive legal support. Our Scranton car accident attorneys are available around the clock, ready to answer your questions, address your concerns, and guide you through the legal process. We handle everything from collecting evidence and filing claims to negotiating with insurance companies and representing you in court.
Why You Need a Scranton Car Accident Attorney
The aftermath of a hit and run accident can be complex and stressful. […]
