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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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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Erie Product Liability Lawyer
As consumers, we purchase goods that are supposed to make our lives easier and better. Unfortunately, when a defective product causes injury, you need to know your financial recovery options. If dangerous products injure you or a loved one, call the Erie product liability lawyers of Munley Law.
For over 60 years, Munley Law has represented injury victims in product liability claims who seek fair compensation for their injuries. Call Munley Law for a no-obligation, free consultation.
What Is a Product Liability Case?
Product liability law allows an injured party to take legal action if they encounter a defective product. Product liability cases are often classified under strict liability, meaning that even if the defendant did not have intent or knowledge of the alleged harm, they can still be held liable.
A product liability claim can fall under one of four categories. […]
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Erie Motorcycle Accident Lawyer
Motorcycle accidents can often result in catastrophic injuries. These vulnerable road users are 28 times more likely to be killed in a motor vehicle accident compared to other drivers and four times as likely to sustain an injury. Due to the size of a motorcycle compared to a standard passenger vehicle, these accidents often result in severe injuries, hefty medical bills, and mental anguish for the rider and their family. An Erie motorcycle accident lawyer will be needed to help you regain compensation for your injuries.
Motorcycle accident victims need protection. This is where Munley Law comes in. For decades, we have represented victims and their families in the most complex personal injury claims. Let us do the same for you. Call today to speak with one of our Erie motorcycle accident lawyers.
What Are the Common Motorcycle Accident Injuries?
Due to the size and weight differences of most cars and trucks on the roadways compared to a motorcycle, […]
