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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Uninsured Motorist Car Accidents
Have you been injured by an uninsured or underinsured driver? At Munley Law, we understand how frustrating and overwhelming this situation can be. Our experienced uninsured motorist accident lawyers specialize in helping victims navigate the complex world of uninsured motorist (UM) and underinsured motorist (UIM) claims nationwide.
Don’t let someone else’s lack of insurance leave you struggling with medical bills and lost wages. Contact our car accident lawyers today for a free consultation. We don’t get paid unless you win.
Understanding Uninsured and Underinsured Motorist Coverage
While you never have to hire a personal injury lawyer for an uninsured motorist claim, there are benefits to doing so.
When another driver causes an accident but doesn’t have insurance—or doesn’t have enough insurance to cover your damages—your own uninsured/underinsured motorist coverage becomes essential. This coverage exists specifically to protect you in these situations, […]
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Pittsburgh Lyft Accident Lawyer
For nearly a decade, Lyft has been a part of daily life for many Americans. It offers a way for people who can’t drive to get where they need to go, a means of getting home safely after a night of drinking, and much more. In 2022, it’s difficult to remember life before rideshare services such as Lyft, as these services have all but transformed the way we move through the world. But for all of its benefits, traveling with Lyft also poses certain dangers. Any time a vehicle enters the road, there is the possibility of a life changing accident, and the situation becomes far more complex when a powerful company such as Lyft is involved.
If you or a loved one has been in a Pittsburgh rideshare accident, you may be overwhelmed and unsure of how to proceed. How can you go up against a huge corporation in order to seek the justice you so deserve? […]
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How Common Are Motorcycle Accidents in Pennsylvania?
In Pennsylvania, motorcycle accidents are unfortunately quite common. As a motorcycle rider, you should be aware that motorcycle crashes often result in severe consequences. In Pennsylvania, motorcycle accidents make up less than 3 percent of crashes in the Commonwealth but over 17 percent of total motorcycle fatalities. Many of these accidents lead to fatal injuries or catastrophic injuries, which can have long-lasting effects on your life and well-being. One major cause of these accidents is the blind spots of other vehicles, where drivers may not see you until it’s too late.
If you were involved in a motorcycle accident anywhere in Pennsylvania, Munley Law is here to help. Contact our motorcycle accident lawyer today to schedule a free consultation.
The Most Common Type of Motorcycle Accident: Left Hand Turns
Left turns by motorcyclists are the most common type of motorcycle accident, […]
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Birth Injury Lawyers
A child’s birth should be a cause for celebration. But when negligent medical professionals cause your child to experience fetal distress, oxygen deprivation, or physical trauma, you have a right to take legal action.
The long-term costs for medical care for your child, along with the emotional trauma you’ve had to endure, can be a burden too significant to handle on your own. At Munley Law, we fight for the injured children and their families who suffered from a birth injury. Let our birth injury attorneys help you get the financial compensation you need for your baby.
What is a Birth Injury?
According to the National Library of Medicine, a birth injury is any damage to the newborn’s body due to an adverse event that occurred at birth. Birth injuries can occur at any point in the birthing process or during pregnancy. […]
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How Much Is My Pittsburgh Spinal Cord Lawsuit Worth?
Navigating a spinal cord injury can be a complex and life-altering journey. If you find yourself considering a lawsuit due to such an injury, understanding the potential value of your case becomes critical. This article will provide a comprehensive guide, helping you grasp the key factors that impact the financial worth of your claim. By learning about legal processes, defense strategies, and the role of expert testimony, you’ll gain a clearer picture of your situation.
Remember, each case is unique, so it’s always best to speak with a Pittsburgh spinal cord injury lawyer to learn all your legal options.
How Does a Personal Injury Claim Work?
Embarking on a personal injury lawsuit, such as one related to a spinal injury, can seem daunting. Essentially, these legal actions allow an injured person to seek compensation, also known as damages, from the party legally responsible for their injuries. […]
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