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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North Dakota Truck Accident Lawyer
North Dakota is a state of unique and diverse landscapes. Despite its middle ranking among American states for
accident fatalities, certain highways and roads in North Dakota present significant dangers leading to commercial vehicle accidents.
If you or a loved one has been in a big rig accident in Fargo, Bismarck, Minot, Grand Forks, or beyond, Munley Law’s North Dakota truck accident attorneys are here to help.
Why North Dakota Tractor Trailer Accidents Need a Truck Accident Lawyer
Due to their size and weight, trucking accidents can cause serious injuries and damages. A truck accident attorney understands the complex rules and regulations that trucking companies and drivers must follow. Their legal experience helps them identify who is at fault, deal with insurance companies to get fair compensation, gather important evidence, and ensure you receive the money you’re entitled to for medical bills, […]
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How Long Do I Have to Sue a Hospital?
Millions of people entrust their health and safety to medical professionals daily, believing they are in good hands. This trust is a testament to the high standard of care that hospitals are expected to uphold. However, there are instances when this trust is
broken, and healthcare providers fail to meet this standard, leading to medical errors that harm patients. This is what we refer to as medical malpractice.
Medical malpractice occurs when a healthcare provider’s action or inaction deviates from the accepted standard of care, directly harming a patient. Examples of medical malpractice include misdiagnosis, birth injuries, and wrongful death. These errors can have severe consequences, damaging the trust in doctor-patient relationships and causing significant harm.
If you have been a victim of medical malpractice, understand that you cannot take legal action at any time. Specific time limits, known as statutes of limitations, determine how long you have to file a lawsuit against a hospital. […]
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Chambersburg Personal Injury Lawyer
Have you or a loved one suffered an injury in Chambersburg, PA? Facing the recovery from an injury can be
overwhelming, but you don’t have to face it alone. Turn to Munley Law, where our team of Chambersburg personal injury attorneys is ready to fight to ensure that those responsible for your injuries, pain and suffering are held accountable. Our expert attorneys specialize in every field of personal injury law, including car accidents, truck accidents, construction accidents, workers’ compensation claims, motorcycle accidents, and more.
Let Munley Law protect your rights and pursue the justice and compensation you deserve. Contact our Chambersburg team today to discover how our experience and commitment can make a difference in your case.
Why Should I Hire a Personal Injury Lawyer After an Accident in Chambersburg?
A personal injury lawyer can help you get the maximum compensation for your personal injury claim. […]
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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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