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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Wilkes-Barre Bicycle Accident Lawyer
When a bicycle is struck by a motor vehicle on a city street, the rider often sustains very serious injuries. After such a bike accident, they will need help getting compensation to pay for their injuries. If this has happened to you, a bicycle accident lawyer in Wilkes-Barre can make the legal process go as smoothly and stress-free as possible for the injured party.
By choosing to hire an experienced Wilkes-Barre bike crash attorneys are fully committed to holding negligent car and truck drivers accountable for the injuries they’ve caused. The Wilkes-Barre injury lawyers at Munley Law have won millions in settlements and verdicts for injury victims. Rest assured that your bicycle accident case is in good hands.
Do I Need a Wilkes-Barre Bicycle Accident Lawyer?
By hiring a Wilkes-Barre bike accident lawyer, you will have someone by your side who can explain what your legal options are and give you an estimation of how much your claim is worth. […]
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Iowa Truck Accident Lawyer
Iowa’s location in the Midwest is an important 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? […]
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Scranton Bicycle Accident Lawyer
At Munley Law, our team of skilled Scranton bicycle accident lawyers has over 60 years of experience handling bicycle accident cases and other personal injury claims. We know how to fight for the rights of injured individuals. We understand the physical, emotional, and financial toll that a severe bicycle accident can take on you and your family. And we are committed to helping you recover the compensation you deserve.
If you need a bicycle accident lawyer in Scranton, contact Munley Law today for a free consultation.
How Common Are Bicycle Accidents in Scranton, PA?
Unfortunately, bicycle accidents are all too common in Pennsylvania. According to data from the Pennsylvania Department of Transportation, there were 821 reported bicycle accidents in Pennsylvania in 2020. These accidents resulted in 799 injuries and 22 fatalities.
Many of these accidents are caused by driver negligence, […]
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