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.
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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Bensalem Pedestrian Accident Lawyer
Bensalem, rooted in Pennsylvania’s deep historical legacy and highlighted by landmarks like the Parx Casino and Penn Community Bank Amphitheater, has a unique blend of bustling urban life and respected cultural heritage. Yet, amidst its vibrant streets, pedestrian accidents do occur, changing the lives of victims and their families.
In such challenging times, a Bensalem, Pennsylvania pedestrian accident lawyer becomes crucial, offering expert guidance through the complex legal terrain of pedestrian injuries while having an understanding of Bensalem’s bustling intersections.
Why You Need a Bensalem Personal Injury Attorney
In Bensalem, pedestrian accidents, while unfortunate, are a stark reality. According to the National Highway Traffic Safety Administration (NHTSA), in 2022 “while fatalities overall declined, fatalities amongst cyclists and pedestrians continued to rise.” Pedestrian accidents often involve complex factors such as negligent drivers, pedestrian behavior, road conditions, and traffic signals. Given the intricacies, […]
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Easton Slip and Fall Accident Lawyers
If you or a loved one have been injured in an Easton slip and fall accident due to someone else’s negligence, a timely and informed claims process can help to recover losses for injuries and suffering. You may need to file a lawsuit to get fair compensation when all else fails. Times like this make you feel vulnerable due to the trauma of your accident, your injuries, financial losses, life adjustments, and the process of trying to figure out how, when, and what to recover from your slip and fall accident. You need an experienced Easton slip and fall accident lawyer.
Our Easton slip and fall attorneys at Munley Law Personal Injury Attorneys are award-winning and have over 60 years of experience successfully recovering compensation for victims who have fallen due to someone else’s negligence. Contact us today for your free consultation and case evaluation. […]
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Abington Motorcycle Accident Lawyer
Motorcycling, with its sense of freedom and adventure, has a significant following in Abington, a vibrant community known for its scenic roads and local biker events. However, this thrilling mode of transportation comes with inherent risks, particularly on the bustling streets and highways of Abington. The unique challenges and vulnerabilities that motorcyclists face make accidents not only more likely but also potentially more severe. In such unfortunate circumstances, securing legal representation that understands the local landscape and specific nuances of motorcycle accidents is crucial to protect yourself.
Abington, with its diverse road conditions ranging from well-traveled city streets to more secluded rural roads, requires a motorcycle accident lawyer who is intimately familiar with the area and its specific traffic challenges. This is where the importance of a specialized Abington motorcycle accident lawyer comes into play, and Munley Law stands out as a beacon of trust and expertise in this domain. […]
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East Stroudsburg Car Accident Lawyer
Getting You the Compensation You Deserve for Your East Stroudsburg Car Accident Injury
If you or a loved one have been involved in an accident in East Stroudsburg, PA, due to someone else’s negligence, you should consult an East Stroudsburg car accident lawyer to ensure your compensation claim is headed in the right direction. Calling an East Stroudsburg car accident lawyer as soon as possible is in your best interest. Experienced car accident attorneys have the resources and personal injury law team to secure evidence quickly (so that it remains intact), leaving no stone unturned.
How Will a Car Accident Attorney in East Stroudsburg Help My Injury Case?
The East Stroudsburg car accident lawyers at Munley Law have the resources and experience to steer your compensation claim for success, including:
- Investigators, police, and professional reconstructionists help investigate the car wreck
- Cell phone records are reviewed
- Photos and surveillance videos are secured
- Witness statements are collected
- Expert testimonies are secured
- Negotiations and communications with insurance companies are managed
- An accident report is filed within two days of the accident (mandatory)
- Free case evaluation, […]
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York Motorcycle Accident Lawyer
When the unexpected occurs, and the sound of a revving engine is replaced by the cacophony of legal complexities, having a steadfast ally becomes paramount. This is where a York motorcycle accident attorney steps into the scene, not only as a legal representative but as a pillar of support for those grappling with the aftermath of a motorcycle accident.
The accident lawyers at Munley Law are advocates dedicated to safeguarding the rights of riders when they need it most, leveraging their knowledge of local terrain and laws to construct a robust case. From negotiating with insurance companies to litigating in court, their expertise can make all the difference in ensuring that justice is served and rightful compensation is obtained.
Common Causes of Motorcycle Accidents in York, PA
Motor vehicle accidents can occur due to a variety of factors, often resulting from a combination of human error (such as breaking traffic rules or not following the speed limit), […]
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