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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Pottsville Nursing Home Abuse Lawyer
Pottsville, PA is an idyllic place for many; its combination of city and country make it the perfect place for those seeking a balance between rural and urban living.
Its many nursing homes and assisted living facilities should also make it the perfect place to grow old, but the dark reality is that these facilities can be hotbeds of abuse and neglect, much of which goes unnoticed.
If you have a loved one or family member in a nursing home, you rightfully expect them to receive a high standard of care and compassionate treatment. Anything less than this is disappointing — abuse is both unacceptable and illegal.
If you believe that a family member or loved one may have experienced nursing home neglect or abuse in Schuylkill County, you may have a claim. Contact our Pottsville nursing home abuse lawyer today to schedule a free consultation and learn how we can fight for justice on your behalf. […]
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Pennsylvania Truck Accident Lawyer
If you or a family member were injured or killed in an accident involving a tractor-trailer, contact our award-winning Pennsylvania truck accident lawyers at Munley Law Personal Injury Attorneys for a free consultation. For 65 years, our PA truck accident attorneys have been fighting and winning big for truck accident victims. We are the only law firm in Pennsylvania that has three truck accident attorneys with board certification from the National Board of Trial Advocacy. Our knowledge and success with truck cases has made Munley Law Personal Injury Attorneys a recognized leader in truck accident litigation all over the United States. No other truck accident lawyer in Pennsylvania can match our level of truck expertise.
If you are unsure what happens next after a truck accident, let us put your mind at ease. Get started on recovery with a free consultation with one of our Pennsylvania semi-truck accident lawyers. […]
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What is Workers’ Comp Mediation?
What is Workers’ Compensation Mediation?
If you’re injured on the job in Pennsylvania, your workers’ comp lawyer will discuss with you the role a workers’ compensation mediation plays in your litigation process. Even if you are familiar with the Pennsylvania workers’ compensation mediation process, you might not understand how the settlement conference affects your claim, or the compensation you need for your injuries. Learning the basics of a workers’ comp mediation beforehand can give you the advantage you need, so you can obtain the outcome you want.
Your workman’s comp attorney will prepare you for your mediation conference and answer any questions you may have ahead of time. However, the following information will guide you through a Pennsylvania workers’ compensation mediation from beginning to end, giving you an expert’s view on the proceeding. You’ll learn about the attendees at a workers’ comp settlement mediation, […]
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An Insurance Adjuster Calls After Your Car Accident. What Should You Do?
How to Interact with Insurance Adjusters After a Car Accident
If you or a loved one have been in a car accident, your main focus should be on caring for and recuperating from injuries and the trauma that has been endured. Insurance claim adjusters often prey upon victims’ vulnerability by trying to negotiate early settlements, and by getting the injury victim to make statements that can infringe upon how much you are truly entitled to. At this time, thinking about recovering compensation from insurance companies may seem stressful and the last thing that you want to worry about; a car accident lawyer can alleviate these stresses. You need an experienced car accident lawyer that has a proven track record.
For over 60 years, the award-winning personal injury lawyers at Munley Law have fought for the rights of accident victims throughout Pennsylvania. […]
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Bad Faith Insurance Lawyers
When you pay your insurance premiums month after month, you expect your provider to uphold their end of the bargain if you ever need to file a claim. Unfortunately, some insurers prioritize protecting their profits over treating policyholders
fairly. That’s when you need an experienced bad faith insurance lawyer in your corner.
A bad faith insurance attorney knows the unfair tactics insurers use, like delaying or denying valid insurance claims and refusing to pay reasonable settlements. When an insurer violates its obligations, bad faith insurance claim lawyers fight to hold them accountable.
If you believe you have a bad faith insurance claim, contact the insurance lawyers at Munley Law to schedule a free consultation.
What Constitutes Bad Faith?
Bad faith refers to an insurance carrier acting unreasonably or breaking their contractual duties and obligations to you. Some common examples of bad faith insurance practices include:
- Delaying claims or payment with no valid basis for denial
- Unreasonable denial of claims for improper or misleading reasons
- Failure to properly investigate and evaluate a claim
- Refusing to settle for a fair, […]
