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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Dedicated Scranton Personal Injury Lawyers
The Scranton personal injury lawyers at Munley Law have been helping clients with their accident claims for decades. Fighting the insurance company alone is never the right option. You could settle your claim for much less than it’s worth. Having our board-certified injury attorneys by your side will give you the legal advice and representation you need to get the maximum compensation for your injuries.
Whether you suffered an auto injury, are dealing with a workers’ compensation claim, or were involved in a truck crash, call Munley Law Firm today to schedule a free consultation.
The Types of Personal Injury Cases We Handle in Scranton
When serious accidents happen in Northeastern Pennsylvania, having a dedicated Scranton injury lawyer can transform your recovery journey. Since our founding in Scranton over 65 years ago, Munley Law has fought relentlessly for injured NEPA residents – it’s not just business for us, […]
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Pittsburgh Drowsy Driving Accident Lawyer
Falling asleep at the wheel can result in catastrophic accidents, leading to severe injuries or even fatalities. When someone is sleepy behind the wheel, their brain power, reflexes, and decision-making skills are impaired, just like when they’ve had a few too many drinks.
Our experienced team of Pittsburgh drowsy driver accident attorneys understands the devastating consequences of drowsy driving and is committed to fighting for your rights. Munley Law has a proven track record of successfully handling drowsy driving cases, holding negligent drivers accountable, and securing maximum compensation for our clients. With our knowledge of the Pittsburgh, PA, laws and regulations surrounding drowsy driving accidents, we are equipped to navigate the complexities of your case. Your well-being is the priority, and we will provide personalized attention, guiding you through the legal process while ensuring your voice is heard.
If you or your loved one has been involved in a Pittsburgh drowsy driving accident, […]
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Woman Killed in Car Accident Near Somerset, PA
A 37-year-old woman lost her life in a two-vehicle collision on Glades Pike in Somerset County, according to Pennsylvania State Police.
News reports state the woman was traveling eastbound on Route 31 when the crash occurred at approximately 7 a.m. on December 20 near the intersection of Pike School and Ringler roads in Brothersvalley Township.
Investigators report that the woman’s vehicle failed to navigate a right-hand curve, crossing into oncoming traffic in the westbound lane. Her vehicle collided head-on with a westbound vehicle. Following impact, both vehicles continued briefly in their respective directions before coming to a stop.
State Police confirmed that the driver died from injuries sustained in the crash. The condition of the other driver was not included in the initial police report.
The accident remains under investigation by the Somerset barracks of the Pennsylvania State Police.
What to Do After Losing Control of A Vehicle
We’ve all experienced that heart-stopping moment when our car starts to feel like it has a mind of its own. […]
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Two Injured Following a Head-On Crash in Northampton County
Two people suffered severe injuries after a head-on car accident in Stockertown, Northampton County, on December 22. According to news reports, the two-vehicle crash occurred on Route 33 near mile marker 9.7 around 7 a.m. Pennsylvania State Police say one car was traveling south in the northbound lane of Route 33 when it struck another car heading north.
Officials say both drivers were taken to St. Luke’s Hospitals with suspected serious injuries. It’s unknown at this time when the car was traveling the wrong way on Route 33.
Why Are There So Many Wrong Way Accidents in PA?
The car accident in Northampton County is one of many wrong way accidents to occur in the last few weeks around Pennsylvania. Unfortunately, wrong way car crashes have been rising in the past 10 years. According to a recent study by the AAA Foundation for Traffic Safety, […]
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Casino Injury Lawyer
A trip to popular casino resorts across the United States can be tons of fun. Whether you’re visiting Las Vegas, Atlantic City, or one of the many tribal or commercial casinos nationwide, you’ll find everything from gambling and fine dining to cocktails, spa services, and world-class entertainment, what more could you need? Casinos are essentially playgrounds for adults, but like any recreational venue, accidents can happen. If you’re injured in a casino accident, you may have a valid personal injury claim and be entitled to financial compensation. Casino operators have a legal duty to maintain safe premises for their guests. Find out if you have a claim today by consulting with an experienced Casino injury attorney at Munley Law.
Steps to Take After a Casino Injury
When an injury or accident happens, you might immediately feel embarrassed and try to downplay the incident. […]
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