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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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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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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