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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Iowa Truck Accident Lawyer
Iowa’s location in the Midwest is a key hub for the trucking industry, with major routes converging around Des
Moines. Key products moved by trucks in Iowa include tractors, corn, pork, herbicides, and aircraft parts.
The state of Iowa’s significant trucking activity on the limited interstate highways, such as I-80 and I-35, can lead to deadly accidents. If you or a loved one has been involved in a motor vehicle accident, it’s important to consult with an experienced Iowa truck accident lawyer to ensure your rights are protected.
What Makes Truck Accident Cases so Complex?
Truck accident cases are inherently complex due to the numerous factors involved.
Multiple Parties Involved
Truck crashes are complicated because they often involve several parties. In a car accident, it’s usually just the car drivers. But in a semi-truck accident, you might have the truck driver, […]
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Can Medical Malpractice Cause a Stroke?
Understanding Strokes: Types, Causes, Treatments, and Medical Malpractice
Strokes are critical medical emergencies that require swift and accurate treatment to avoid lasting damage. We will examine various stroke types, their causes, available treatments, and the impact of medical malpractice.
Types of Strokes
Delays in treatment can result in permanent disability or death. Stroke symptoms are not unique and can mimic other health issues, leading to potential misdiagnosis of stroke. Common signs of a stroke include:
- Weakness or numbness, particularly on one side of the body
- Paralysis
- Tingling in the arms or legs
- Sudden loss of leg strength
- Severe headache
- Loss of balance or coordination
- Slurred speech
- Inability to speak or understand speech
- Vision changes, such as blurred or double vision
- Dizziness
- Fainting
- Loss of vision
- Death
Strokes can vary in severity from mild to life-threatening, […]
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Fatal Car Accident Lawyer
Losing a loved one due to someone else’s negligence is incredibly traumatic, and choosing the right accident lawyer is critical. At Munley Law Personal Injury Attorneys, we understand fatal car accident cases’ complex and sensitive nature.
Our team of experienced lawyers is committed to providing support, empathy, and compassion to grieving clients and their families. With over 60 years of experience, we have helped deliver legal aid to numerous clients and helped to identify and collect the compensation they deserve.
Our compassionate car accident lawyers will review your case for free and guide you on your next steps. We work on a contingency fee basis, so we do not get paid unless we win your case. Contact us today through our online form or phone for your free consultation.
What’s the Difference Between a Personal Injury and Wrongful Death Lawsuit?
If you have motor vehicle accident injuries or damages due to someone else’s negligence or wrongdoing, […]
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Pittsburgh Pedestrian Accident Lawyer
Despite advances in safety technology and awareness, pedestrian accidents continue to occur at alarming rates. These accidents are avoidable. When a pedestrian is hit by a car in downtown Pittsburgh or anywhere in the city, the consequences can be life-threatening. The faster the vehicle is moving, the more severe the injuries will be. If you were injured in a pedestrian accident, you will likely be facing significant medical costs, missed time from work, and an uncertain financial future.
As the victim of someone else’s negligent behavior, you shouldn’t have to face these costs on your own. A Pittsburgh personal injury lawyer from Munley Law can help you obtain the compensation you need to recover from your injuries and be made whole again.
If you or someone you love was struck by a vehicle in Pittsburgh, the pedestrian accident lawyers at Munley Law Personal Injury Attorneys are available to speak with you. […]
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How Much Compensation Can I Get for a Philadelphia Pedestrian Accident?
If you or a loved one have an injury from a Philadelphia pedestrian accident, medical care and expenses can
accumulate quickly. Injured pedestrians have no physical protection when struck by a moving vehicle, and severe injuries are usually the unfortunate outcome. In the most devastating scenarios, a wrongful death leaves families grappling with expenses while mourning their loss.
Insurance companies will offer minimal settlements early to motivate quick turnarounds and to avoid higher payouts. Do not agree to any settlement without consulting an accident attorney; any monies accepted make future negotiations off the table. Contact an experienced Philadelphia pedestrian accident lawyer at Munley Law for your free case evaluation to help assess the value of your claim.
Damages that May Be Recovered in a Pedestrian Accident
According to the National Institutes of Health (NIH), depending on the details and nature of your injuries, […]
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