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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Pittsburgh Erb’s Palsy Lawyer
Erb’s Palsy is a full or partial paralysis of the arm caused by nerve damage. Because Erb’s Palsy is often avoidable, in some cases, parents may be able to take legal action against the doctors or other medical professionals involved in the delivery process. This kind of personal injury case, which falls under the umbrella of medical malpractice, is complicated. Working with a Pittsburgh Erb’s Palsy lawyer with specific expertise in this subject area is the best way to set yourself and your family up for success.
Contact our Munley Law today for a free consultation and learn how we can fight to protect your best interests after a birth injury.
What Is Erb’s Palsy?
Also known as Erb-Duchenne paralysis, Erb’s palsy is one of multiple possible brachial plexus injuries. The brachial plexus is a network of nerves with roots in the neck, […]
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How Can An Easton Truck Accident Lawyer Help With My Case?
If you or a loved one has been hurt or killed in a truck accident, it helps to have an experienced truck accident attorney in your corner. An Easton truck accident lawyer from Munley Law can help your case in several ways.
A truck accident is often more catastrophic and traumatic due to the sheer size and mass of large commercial trucks, and it is also more legally complex to litigate.
Here’s how:
- Calculating Damages: Munley Law attorneys have over 60 years of experience calculating damages, including current and future medical expenses, property damage, lost wages, and pain and suffering. We work with top PA medical experts and financial professionals to ensure all relevant costs, including future medical treatments and ongoing care, are accounted for.
- Maximizing Your Settlement: Munley Law attorneys are skilled negotiators who will aggressively advocate for your rights during settlement negotiations with insurance companies. […]
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When Should I Call a Truck Accident Lawyer in Easton?
Suppose you have been involved in a truck accident. In that case, you need to know that a truck accident lawsuit can be far more complex than a regular accident between passenger cars, so you should immediately contact an Easton truck accident lawyer.
How Dangerous Are the Roads In Easton, PA?
Highways in Easton, PA, can be more dangerous for passenger vehicles for many reasons, including:
- Mix of Local and Interstate Traffic: We are located at the crossroads of several major highways, including Interstate 78 and Route 22, which see a mix of local and interstate traffic. This can lead to varying driving speeds and behaviors, increasing the risk of accidents, especially when trucks are involved.
- Narrow Lanes and Tight Curves: Some highways in Easton have narrow lanes and tight curves, which can be challenging for trucks to navigate. This increases the risk of truck accidents, […]
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Who Can Be Held Responsible for an Uber Accident in Easton, PA?
Determining liability in an Uber accident can be complex, especially considering the different phases of the Uber app and the involvement of multiple parties. An experienced Easton Uber accident attorney, such as Munley Law, can assess the facts of your case, identify all potentially liable parties, and help you pursue fair compensation for your injuries and damages.
More than a million Uber drivers are on the road in the U.S. at any given time. Uber accidents can occur when you are riding in an Uber vehicle as a rideshare customer or struck by an Uber vehicle while walking or driving your car, motorcycle, or bike.
We can navigate the legal process on your behalf, negotiate with insurance companies, and, if necessary, represent you in court to protect your rights.
Can More Than One Party Be Responsible For My Easton Uber Accident? […]
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Pittsburgh Slip and Fall Lawyer
Obtaining Justice for Slip, Trip, and Fall Victims in Pennsylvania
Slip and fall accidents are one of the most common types of personal injury cases. Over 8 million emergency room visits every year can be attributed to slips and falls. These premises liability accidents can happen anywhere, at any time, with no warning.
Property owners, businesses, and residents must keep a property free of slip and fall hazards. When they fail in this duty, the resulting hazardous conditions can lead to serious, life-altering injuries. If you have suffered from a slip and fall accident on another’s property due to their negligence, you deserve compensation.
At Munley Law, our Pittsburgh personal injury attorneys have helped people in Pittsburgh and throughout Pennsylvania for over six decades. We aren’t afraid to fight property owners and big businesses who try to escape their responsibilities and duties to their patrons. […]
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