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

Gettysburg Personal Injury Lawyer

Munley Law has been serving the residents of Gettysburg, PA, for more than 60 years, providing world-class legal representation in personal injury cases. Our family of experienced attorneys is dedicated to helping victims of accidents and negligence secure the compensation they deserve. We understand the physical, emotional, and financial toll that personal injuries can take, especially when caused by someone else’s negligence, and we are committed to standing by your side throughout the legal process.

Personal Injury Cases We Handle in Gettysburg

Our team of experienced lawyers handles a wide range of personal injury cases, ensuring that each client receives personalized and effective representation in all our practice areas. Our over 60 years of experience make Munley Law Pennsylvania’s trusted attorneys for personal injury and workers comp claims. We have nine office locations throughout PA, so you never have to travel far for world-class legal representation. […]

Are Personal Injury Lawsuit Settlements Taxable?

The tax implications of personal injury settlements can be confusing, but Munley Law is here to help. Let our legal team at Munley Law Personal Injury Attorneys provide the clarity and expertise you need to handle your personal injury claim settlement with confidence. We will guide you throughout the process of your lawsuit as well as any tax implications. Talk to a personal injury attorney at Munley Law today for a free consultation.

Are Settlements Taxable?

Under the Unites States’ federal tax law, personal injury settlements are generally not taxable. The Internal Revenue Service (IRS) exempts these settlements from taxation to safeguard injured victims seeking compensation from additional financial stressors.

Non-Taxable Components of Personal Injury Settlements

“The amount of any damages (other than punitive damages) received…on account of personal physical injuries or physical sickness [are exempt] (IRC, […]

Spine Injury from a Car Accident

Car accidents can result in devastating outcomes, with spinal injuries being among the most severe. Understanding the different types of spinal injuries, recognizing their common symptoms, and being aware of treatment options and potential compensation can help accident victims deal with these challenging circumstances. This blog provides essential information about spinal cord injuries that can occur from vehicle collisions.

Impacts of a Spinal Cord Injury from a Car Accident

Victims of motor vehicle accidents often face immediate physical and mental health challenges, with long-term effects that can drastically reduce their quality of life. Unfortunately, many accident victims may have to endure chronic pain due to spinal cord damage, nerve pain, or degenerative conditions for the rest of their lives. The moments immediately following a car crash are critical for the victim, as timely medical attention can significantly impact recovery.

Common injuries, […]

How Long After a Car Accident Can You Sue in Pennsylvania?

In Pennsylvania, you generally have two years to file a lawsuit if you’re involved in a car accident and considering seeking damages. This means that after two years, you may lose the right to sue for your car accident case, so acting within this period is essential to make sure your case is heard.

At Munley Law Personal Injury Attorneys, we specialize in personal injury cases, including those resulting from car accidents. Our seasoned car accident attorneys are adept at handling these tough cases and work hard to get you the compensation and justice you deserve.

Munley Law provides comprehensive support, guiding you through every step of the legal process to make it more understandable and less overwhelming. Our expertise and dedication help accident victims confidently face the legal system, ensuring their rights are protected, and their voices are heard.

What Is the Statute of Limitations on Car Accident Lawsuits in Pennsylvania? […]

North Dakota Truck Accident Lawyer

From Fargo to Bismarck to Williston, North Dakota experiences hundreds of large truck accidents each year. If you or a loved one has been hurt in a crash involving a semi-truck, tractor-trailer, or other commercial vehicle, you may be entitled to significant compensation, but securing it is not something you should try to do alone.

Truck accident cases involve federal trucking regulations, powerful insurance companies, and multiple potentially liable parties. That’s why it’s critical to have an experienced North Dakota truck accident lawyer on your side, someone who knows how to investigate, protect your rights, and fight for every dollar you deserve.

At Munley Law, our attorneys are nationally recognized leaders in trucking law, with decades of experience handling cases just like yours. We understand the unique legal and logistical challenges of truck crash cases and have the resources to take on even the largest transportation companies. […]