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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Allentown Catastrophic Injury Lawyer
A catastrophic injury can change a person’s life forever. These types of injuries can be devastating and have long-lasting effects on the victim and their loved ones. It is important to seek the help of a seasoned Allentown catastrophic injury lawyer at Munley Law. The right legal representation can make a big difference in the outcome of your personal injury case as you navigate the complex legal system.
At Munley Law, our personal injury lawyers in Allentown, PA, understand the difficulties that come with a catastrophic injury. We have years of experience handling these types of cases and are committed to fighting for our clients’ rights. Our team of experts will work tirelessly to help you get the compensation you deserve. Whether you were involved in a car or truck accident, a motorcycle accident, a pedestrian accident, suffered a workplace injury or were a victim of medical malpractice, […]
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Scranton Catastrophic Injury Lawyer
Catastrophic injuries can have a life-changing effect on both an individual and their entire family. The inability to work and other physical and mental limitations can be crippling financially and emotionally. When the negligence of another causes a catastrophic injury, you may be able to pursue compensation for your injuries. An experienced Scranton catastrophic injury lawyer can help you obtain the compensation you need to care for yourself and your family while you recover from your devastating injuries.
After a catastrophic injury, you probably have many questions. Let a Scranton catastrophic injury lawyer at Munley Law Personal Injury Attorneys help in any way we can. Call, chat, or fill out our contact form for a FREE and confidential consultation. We do not collect a fee for our services unless we win your case.
What is a Catastrophic Injury?
A catastrophic injury is considered a physical injury or illness that has a life-altering impact on the accident victim. […]
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Scranton Brain Injury Lawyer
A traumatic brain injury (TBI) can have devastating and life-altering consequences for victims and their families. TBI is caused by a bump, blow or jarring of the head that disrupts normal brain function. The victim of a TBI may need life-long medical care and be left unable to work. Life may never be the same. When someone’s negligence results in an accident that causes a TBI, the injury victim needs to hire an experienced Scranton brain injury lawyer to help with their claim.
The Common Causes of Scranton Traumatic Brain Injuries
The common causes of traumatic brain injuries are slip and fall, auto accidents, workplace accidents, medical malpractice, and sports injuries.
Falls – Falls are the leading cause of TBI in the U.S. Slip and falls at work, […]
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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), […]
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