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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Erie Drunk Driving Accident Lawyer
Drunk driving remains a leading cause of death for traffic-related incidents. Yet, every year, thousands of drivers will get behind the wheel, intoxicated, ruining the lives of others. In Erie, drunk driving results in roughly 1,000 arrests each year. If you or a loved one were involved in an accident with an intoxicated driver, call the Erie drunk driving accident lawyers of Munley Law.
Can I File a Personal Injury Lawsuit Against a Drunk Driver in Erie?
Suppose you were injured in a car accident involving a drunk driver. In that case, you can file a personal injury claim to recover compensation for your property damage and injuries.
Under Pennsylvania law, a drunk driver can be charged twice for driving under the influence– in a civil and a criminal case.
In most cases, police will arrest the drunk driver, and then an investigation occurs. […]
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Who is Usually At Fault in a Bicycle Accident in Philadelphia?
Cycling can be a fun and eco-friendly way to get around Philadelphia, but it has risks. Unfortunately, bike accidents are all too common in the city, and determining who is at fault can be complex and often contentious. You will need the help of a Philadelphia bicycle accident lawyer to ensure you receive compensation for your injuries.
While each case is unique, certain factors tend to influence the determination of fault in a bicycle accident.
Who is Liable for Bicycle Accidents in Philadelphia?
Who is Liable for Bicycle Accidents in Philadelphia?Liability is the legal responsibility for an action or event that causes harm or damage. In other words, the obligation is to make things right or compensate for any loss or harm caused. In the context of personal injury or accidents, liability refers to who is responsible for the damages, injuries, or financial losses resulting from the incident. […]
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If I Was Injured By a Lyft Driver in Easton, What Should I Do?
If a Lyft driver in Easton injured you, you first need to check for injuries, call 911, and seek medical assistance immediately; then, contact an Easton Lyft accident lawyer to protect your rights and start the claims process.
Don’t handle the claim on your own. Contact Munley Law for a free consultation.
What Should I Do if I Get Hit by a Lyft Driver?
Rideshare companies like Lyft are a great way to navigate a new city, get to medical appointments, reach a destination, and safely return home after a night out in the Lehigh Valley. Still, accidents can happen anywhere to anyone—including Lyft drivers.
Whether you were a passenger in a Lyft vehicle or involved in a pedestrian, bike, or other vehicle accident involving a Lyft driver, you might have questions about what to do next.
Being in any car accident can be a traumatic experience. […]
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What Steps Should I Take After a Truck Crash in Easton, PA?
Suppose you have been in a truck crash. In that case, there are steps you should take immediately following the truck accident and in the days and hours after, such as exchanging information, seeking medical attention, and notifying your insurance company. The most important step is contacting an Easton truck accident lawyer immediately to start the claims process.
If you were involved in a truck accident in Easton or anywhere in the Lehigh Valley, our Easton truck accident attorneys are here to help. Contact Munley Law to schedule a free consultation.
What Should I Do After a Truck Accident?
Right after a truck accident in Easton, Pennsylvania, your first steps should be collecting evidence, getting medical attention for your injuries, and consulting a truck accident attorney. A step-by-step process is as follows:
- Check for Injuries: Check yourself, passengers, and others involved in the accident for injuries. […]
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Erie Pedestrian Accident Lawyer
Pedestrian accidents can be harrowing. When a vehicle collides with an unprotected pedestrian, the pedestrian is at a higher risk of serious injury. Common injuries from these accidents include broken bones, spinal cord injuries, and, in the worst of cases, even wrongful death. If you or a family member has endured an accident of this nature, or if you’ve experienced the absolute tragedy of having a family member killed in a pedestrian accident, it’s important to remember that you have rights. Working with an experienced Erie pedestrian accident lawyer who can assist you in seeking compensation and holding the at-fault party (or at-fault parties) responsible is almost always your best path forward.
Should I Hire a Pedestrian Accident Attorney in Erie, PA?
If you or a loved one has sustained pedestrian accident injuries, you may be wondering whether you need to work with a lawyer. […]
