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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Pittsburgh Motorcycle Accident Lawyer
You need a Pittsburgh motorcycle accident lawyer who will fight for you
Pennsylvania is home to nearly 800,000 registered motorcycle riders. Unfortunately, there were more than 230 motorcycle crashes in Allegheny County alone. With less protection than that of a car or truck, motorcycle riders often suffer severe injuries when they’re hit by a car or involved in a crash. When that occurs, you will need the help of an experienced attorney in Pittsburgh to help you get compensation for your injuries while you concentrate on your recovery.
If you or someone you love suffered a catastrophic motorcycle crash, you need an attorney from Munley Laws Pittsburgh Personal Injury Attorneys, who will deliver for you. If you’re ready to see the difference the Munley Law Personal Injury Attorneys can make in your case, schedule your free consultation today.
What Compensation is Available After a Motorcycle Accident in Pittsburgh? […]
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Pittsburgh Bicycle Accident Lawyer
Our Pittsburgh Bicycle Accident Attorneys Are Here to Help
In the past two decades, biking as a means of commuting has become increasingly popular across the United States. In fact, from 2000 to 2019, the number of Americans who bike to work increased by 61 percent. This trend certainly rings true in Pennsylvania, which is in the top half of states ranked by the number of bike commuters.
Biking, whether as a means of getting to work, a form of exercise, or a hobby, has so many benefits. However, the unfortunate reality is that cyclists are at risk of injury when biking on roads that also permit cars. Unlike a car driver or passenger, who is shielded to some degree by the vehicle itself, cyclists have very little protection when an accident occurs. If a car and a bicycle collide, it’s likely that the cyclist will experience far more damage. […]
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Pittsburgh Uber Accident Lawyer
When you get into an Uber, you expect to arrive at your destination, whether that be home, the office, dinner with friends, or anything in between, safely and without harm. However, the reality is that while Uber is a helpful service that’s become a daily part of many people’s lives, it’s not necessarily safer than other modes of transportation; in fact, Uber faces some specific safety challenges all its own.
Experiencing a Uber or Lyft accident can be extremely scary; not only are you facing the inherently traumatic experience of a car accident, but you may also not know who to turn to for help or how to get the compensation you deserve. Do you use insurance? Does Uber pay for it? Do you have to sue?
We understand that the aftermath of a car accident with a rideshare driver is an extremely overwhelming time, […]
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Pittsburgh Catastrophic Injury Lawyer
A Catastrophic Injury Lawyer in Pittsburgh Will Fight For You
Every day, innocent people in Pittsburgh cross paths with negligent individuals or companies and suffer serious injuries. A catastrophic accident can cause injuries that can take months to recover from or leave you permanently disabled. Catastrophic injuries can disrupt your life and your family’s. When innocent people get hurt because of someone else’s negligence, the negligent party should pay for the damage they caused. A personal injury lawsuit can help you recover the compensation you need to rebuild your life and move forward. For personal injury cases involving catastrophic injuries, it’s important to have the right lawyer.
The Pittsburgh catastrophic injury lawyers at Munley Law have been representing Pennsylvanians since 1959. We have successfully recovered millions of dollars in compensation for victims of catastrophic car and truck crashes, medical mistakes, […]
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Philadelphia Construction Accident Lawyer
Now more than ever, construction sites are popping up around Philadelphia. While that is good news for the City’s development, it also comes with risks. Almost 1,000 construction workers died on the job in 2021, and in 2020, there were 213.3 nonfatal accidents per 10,000 construction workers. Indeed, construction workers have one of the top ten most dangerous jobs in the United States. Be it a fall, falling object, electrocution, or an accident involving workplace tools, construction sites are dangerous.
If you or a loved one has been injured on a construction site, you should contact an experienced Philadelphia construction accident attorney about your options. Together, we can make sure you recover the financial compensation necessary to move forward.
What About Workers’ Compensation?
Working on a construction site, you’ve likely heard about workers’ compensation. Workers’ […]
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