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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Stroudsburg Catastrophic Injury Lawyer
If you have experienced a catastrophic injury, seeking legal representation from a Stroudsburg catastrophic injury lawyer is important. These types of injuries can have devastating physical, emotional, and financial consequences, and it is crucial to have an experienced attorney by your side to advocate for your rights and secure the compensation you deserve.
What is Personal Injury?
Personal injury is a broad term that encompasses many types of injuries and legal cases. A personal injury case involves injury to a person’s body, mind, or emotional well-being. For instance, after a car accident, a victim may have physical injuries, as well as mental or emotional injuries like PTSD, loss of enjoyment of life, and more.
When someone files a personal injury case because of an injury sustained, they are not claiming that the at-fault party necessarily violated a law. […]
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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, […]
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Bethlehem Workers’ Compensation Lawyer
Dealing with a workplace injury can be challenging. Still, a Bethlehem workers’ compensation lawyer can help you secure the necessary benefits. From covering medical expenses to recovering lost wages, having a skilled lawyer can provide the support and guidance you need to get through this challenging time.
What is Workers’ Compensation?
Workers’ compensation insurance provides financial support and medical care to employees who are injured or ill due to their jobs.
If you get hurt at work, workers’ comp benefits can help cover your medical bills and part of your wage loss while you recover. It’s designed to protect workers and employers by ensuring injured employees get the help they need without going through a lengthy lawsuit. This system helps you focus on getting better without worrying about the financial burden of an injury.
