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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What is Strict Liability Law?
How Does Strict Liability Affect My Personal Injury Claim?
There are many personal injury cases that benefit from the strict liability law doctrine, also known as liability law. When the strict liability law doctrine is applicable, victims can seek out a personal injury claim without the emotionally exhausting task of establishing the responsible person(s) or company‘s proof of negligence, intention, or carelessness. Strict liability law only demands the evidence that shows harm or danger was inflicted upon the party seeking compensation, and that the accused committed it.
If you think that you have a personal injury case, or should you have questions about filing your case, contact a personal injury lawyer at Munley Law for a free consultation – we have over 60 years of experience, a successful track record, the resources, the knowledge, and the nationally recognized team to get you the compensation that you are entitled to. […]
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When is the Trucking Company Liable?
Know what criteria and laws fault trucking companies as the guilty party in a truck accident
If you or a loved one has been in a truck accident, chances are you are not sure whether or not the truck driver or the trucking company, or both, are ultimately responsible. Truck accidents are complex and multi-faceted; fault can range from broker liability to driver fatigue. Overwhelming, stressful events like this are best dealt with by consulting a truck accident lawyer who has a successful track record, and who has the resources and expertise to manage all the details of your particular case.
At Munley Law, our truck accident attorneys have decades of experience, are nationally recognized, and are experts at aggressively pursuing the justice and compensation that truck accidents deserve. Our team includes Daniel Munley and Marion Munley, nationally recognized as the top Pennsylvania trucking lawyers in the nation. […]
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Fighting the Insurance Company After a TBI
Why You Need a Personal Injury Lawyer to Help Fight the Insurance Company After a TBI
We don’t often think about the brain and the hundreds of thousands, if not millions, of different ways we use it every day. But break down each part of your day into its component parts and you begin to see just how much your brain does for us.
Even making your morning coffee becomes a multi-faceted, complex operation your brain runs each and every day. Even more fundamental than that, your brain directs your body to do numerous things that we never even think about: it makes sure that you breathe, it tells your heart to beat, and it directs your body to digest the food that you eat.
So what happens when you or someone you love suffers a traumatic brain injury (TBI), affecting your brain’s ability to function? […]
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When Should I Hire a PA Trucking Accident Lawyer?
If you are involved in an accident with a heavy truck, you are likely to be experiencing a mix of emotions–shock, confusion, and generally being overwhelmed with the process of recovery. You need to figure out medical care, time off work, motor vehicle repairs, and insurance.
With all the questions swirling around the aftermath of the accident, you may also wonder about whether you should hire a lawyer to help you with legal counsel through the process, and if so when. You may be tempted to put off that decision until you deal with your insurance first. However, especially in a serious truck accident, it can often be advantageous to hire a lawyer after the accident.
If you’re interested in hiring a Pennsylvania truck accident lawyer or wondering whether you should obtain legal counsel, don’t hesitate to give us a call. […]
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What Are the Most Common Ways Truck Drivers Cause Crashes?
Truck Accidents Can Be Devastating. But What Causes Them to Occur?
Enduring the impact of a 50-foot, 80,000-pound commercial vehicle is one of the most traumatic things that can happen to you as a driver. Your injuries can devastate your physical health, keep you out of work, and even render you permanently disabled. Identifying the most common ways truck drivers cause crashes can give you information that may support a claim that you are anticipating, should you be the unfortunate victim of an accident involving a commercial truck, or can keep you well-informed about how you can do your best to steer clear of circumstances that can make you and your loved ones vulnerable to crashes involving large trucks.
If you get into a trucking accident, your first call should be to an experienced truck accident lawyer at Munley Law. We’ve been practicing truck accident law for more than 60 years and we understand how complex these cases can be. […]
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