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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Bicycle Accident Lawyer
If you’ve been injured in a bicycle accident, a dedicated bicycle accident attorney can help you through the legal process and seek the compensation you may be entitled to. Whether dealing with negligent drivers, unsafe road conditions, or defective equipment, bike accident lawyers understand the unique challenges cyclists face and will fight to protect your rights.
The expert bicycle accident lawyers at Munley Law have decades of experience representing injured cyclists and can provide the skilled representation you need to protect your right to fair compensation—contact them today for a free consultation.
Why You Need a Bicycle Accident Lawyer
A bike accident attorney will help an injured bicyclist receive fair compensation for injuries and damages. They understand the nuance of traffic laws, can negotiate with insurance companies on your behalf, and represent you in court if needed. The expertise of bicycle injury lawyers helps you focus on recovery while they handle the legal aspects, […]
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How to Obtain a Police Report After a Car Accident
Obtaining a police report after an accident is essential in documenting the incident and protecting your rights. Knowing how to access this information can streamline the aftermath of a stressful event, whether for insurance purposes or legal reasons.
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Hit and Run Car Accidents
Nobody ever expects to be the victim of a hit-and-run car accident. One minute you’re driving along, and the next, someone carelessly crashes into your vehicle and flees the scene. In the aftermath, you’re left dealing with injuries, vehicle damage, and a thousand questions. That’s when you need a hit and run accident lawyer in your corner. The experienced car accident lawyers at Munley Law understand the chaos and confusion you’re facing. They know how to investigate what happened, protect your rights, and fight for the compensation you deserve. With expertise in accident claims and hit-and-run car accidents, they become your advocate and guide through this difficult situation.
Best Hit and Run Accident Attorneys
When you’ve been the victim of a hit-and-run accident, you need personal injury law attorneys who really go the extra mile. The best hit-and-run accident attorneys are relentless investigators, […]
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Where Do Most Pedestrian Accidents Occur in Philadelphia, PA?
Pedestrian and vehicle accidents can happen for many reasons. Roads in Philadelphia County are old, and some, such as North Broad Street, can encourage drivers to ignore posted speed limit signs and exceed safe driving speeds. Some streets have curves and bends, making it difficult to see pedestrians in an intersection if a driver is distracted.
A pedestrian accident can happen in any town or city. However, in a city of neighborhoods full of shops, bars, and restaurants like Philly, pedestrians and vehicles can often be at odds. A pedestrian accident can leave victims with serious injuries, even fatalities, and in Philadelphia, these types of accidents are on the rise.
According to a study by the Bicycle Coalition of Greater Philadelphia, the city saw 143 fatal pedestrian accidents in 2020, 29 of which were hit-and-run incidents.
Pedestrian and vehicle accidents can happen for many reasons. […]
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The Impact of Social Media On Personal Injury Cases
If you have suffered or taken any injuries in personal cases, social media can be used effectively to provide evidence of these injuries. Because social media has become a critical part of our daily lives, it allows us to share our thoughts, experiences, and, more importantly, our injuries with a broad audience. In personal injury cases, social media platforms such as Instagram, Twitter, Facebook, TikTok, and even Snapchat can significantly impact the outcome of your lawsuit and future legal proceedings.
One of the most common ways social media is used in personal injury cases is during discovery. Discovery is the process where both parties involved in a lawsuit gather information and evidence from one another to strengthen their case. This commonly includes requesting documents and gathering information from social media accounts and posts.
Insurance companies and defense attorneys will usually search the social media profiles of various plaintiffs to find any evidence that may go against or contradict their claims of injury. […]
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