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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How Long Does it Take to Receive My Personal Injury Settlement?
If you or a loved one have been injured due to someone else’s negligence, you know how overwhelming an accident’s
aftermath can be. Managing medical appointments, financial losses, and daily tasks can be exhausting. Maintaining financial stability for your family may seem impossible, and you are wondering when a settlement is reached, how long it will take to get paid? Compared to the time it takes to settle a claim, the wait for payment is usually short. Once your claim settles, you can receive the money within a few weeks.
At Munley Law, we understand the financial burdens you are facing. Our personal injury lawyers will work hard to make sure you receive your settlement check in a timely fashion. Contact our personal injury law firm today to schedule a free consultation.
Steps Involved in Receiving a Personal Injury Settlement
A formal settlement agreement is created once both parties agree on a settlement. […]
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How Much Is a Back Injury Worth in an Accident?
Dealing with the aftermath of a back injury from an accident on the road, during your commute, or at work can be challenging. It’s difficult to estimate the cost of your recovery and future care. An experienced personal injury lawyer can help. They will assess your situation, gather the necessary documents, like medical bills and lost wages, and consider your pain and suffering. They will then determine a fair value for your personal injury claim. 
Munley Law Personal Injury Attorneys has over sixty-five years of experience with back injury accident claims. We have the resources to help our clients file a claim and receive maximum compensation. Contact one of our skilled attorneys at Munley Law Personal Injury Attorneys today for a free case evaluation.
How Much Is the Average Settlement for a Back Injury?
The Occupational Safety and Health Administration (OSHA) reports back injury claims to average between $40,000 and $80,000. […]
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How Long Does an Insurance Company Have to Settle a Car Accident Claim in PA?
Under the law, your insurance company has a time limit of 15 days to notify you if your claim has been accepted or
rejected upon filing. The average time to respond is usually within a few days. However, your insurance provider can request additional investigation time if you have questions regarding your claim or submitted incomplete insurance forms.
Insurance coverage can quickly become a mess when understanding what’s covered and what’s not. With the help of a Pennsylvania car accident lawyer from Munley Law, you can rest easy knowing your legal claim is handled with the care and dedication it requires.
How Do Car Accident Settlements Work?
You must take a few steps to begin a car accident settlement in Pennsylvania. The first is to seek medical treatment following your accident. You’ll also need to file a police report if officers were not called to the accident scene and submit the accident to your insurance provider. […]
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What is Workers’ Comp Mediation?
What is Workers’ Compensation Mediation?
If you’re injured on the job in Pennsylvania, your workers’ comp lawyer will discuss with you the role a workers’ compensation mediation plays in your litigation process. Even if you are familiar with the Pennsylvania workers’ compensation mediation process, you might not understand how the settlement conference affects your claim, or the compensation you need for your injuries. Learning the basics of a workers’ comp mediation beforehand can give you the advantage you need, so you can obtain the outcome you want.
Your workman’s comp attorney will prepare you for your mediation conference and answer any questions you may have ahead of time. However, the following information will guide you through a Pennsylvania workers’ compensation mediation from beginning to end, giving you an expert’s view on the proceeding. You’ll learn about the attendees at a workers’ […]
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An Insurance Adjuster Calls After Your Car Accident. What Should You Do?
How to Interact with Insurance Adjusters After a Car Accident
If you or a loved one have been in a car accident, your main focus should be on caring for and recuperating from injuries and the trauma that has been endured. Insurance claim adjusters often prey upon victims’ vulnerability by trying to negotiate early settlements, and by getting the injury victim to make statements that can infringe upon how much you are truly entitled to. At this time, thinking about recovering compensation from insurance companies may seem stressful and the last thing that you want to worry about; a car accident lawyer can alleviate these stresses. You need an experienced car accident lawyer that has a proven track record.
For over 60 years, the award-winning personal injury lawyers at Munley Law have fought for the rights of accident victims throughout Pennsylvania. […]
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