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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Philadelphia Slip and Fall Accident Lawyer
If you were seriously injured in a slip and fall accident in Philadelphia, Munley Law Personal Injury Attorneys is here to help.
Slip-and-fall accidents happen when someone falls because of a dangerous situation that the property owner should have fixed. These accidents can cause serious injuries that may require medical care, and time off work.
If you or a loved one were injured in a slip and fall accident, you may have a personal injury claim. An experienced Philadelphia premises liability attorney at Munley Law Personal Injury Attorneys can explain your legal options. You may be able to get money to cover the costs of your physical injuries, lost wages, emotional pain, and other expenses.
Contact the Philadelphia slip and fall attorneys at Munley Law Personal Injury Attorneys for a free consultation.
What Is A Slip and Fall Claim? […]
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Philadelphia Catastrophic Injury Lawyer
Your Advocate After a Catastrophic Injury in Philadelphia
Accidents happen every day. Of course, any injury stemming from an accident caused by someone else’s negligence has practical impacts on a victim’s life. Injury victims must seek expensive medical treatment, deal with time off work, meaning lost wages, and often must navigate emotional distress following the accident. As you likely know, in these cases, our Philadelphia personal injury attorneys can help you recover compensation for your injuries through a personal injury lawsuit.
But if you or a loved one suffered permanent, severe injuries because of someone else’s negligent actions, for example, a spinal cord injury, severe burn, or traumatic brain injury, your life is turned upside down. Because of that, your response to those injuries is all the more critical. This is because while a catastrophic injury victim’s life is permanently changed, […]
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Does Insurance Cover a Bicycle Accident in Philadelphia, PA?
When you sustain injuries and property damage due to a bicycle accident in Philadelphia, the available insurance coverage depends on many aspects. In most cases, the responsible driver’s motor vehicle and auto insurance policy will likely cover your medical bills and damages. Additionally, your auto insurance policy may cover your losses through compulsory uninsured/underinsured motorist coverage when your policy limits exceed those provided under the responsible driver’s policy limits. After a bicycle accident, an attorney must navigate the insurance claims in-depth and secure compensation for injuries and damages. Contact a Philadelphia bicycle accident lawyer for a more in-depth explanation of the insurance claim investigation and to recover adequate compensation for your injuries and damages.
Does Car Insurance Cover Bike Accidents in Philly?
A car insurance policy can cover accidents in Philadelphia. Normally, the liability coverage of the driver’s car insurance policy would pay the cyclist for the injuries sustained. […]
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What Happens When You Have a Philadelphia Bike Accident?
Experiencing a bike accident in Philadelphia can be jarring and stressful. In the aftermath of such an event, knowing what steps to take is important for protecting your health, ensuring your rights are upheld by filing a personal injury claim with a Philadelphia bicycle accident lawyer, and seeking fair compensation for any injuries or damages.
Understanding the process, from assessing injuries to seeking legal assistance to determining who is ultimately responsible for your bicycle crash, can help you navigate the situation effectively and make important decisions about your next steps.
What Are the Bicycle Accident Laws in Philadelphia, PA?
Bicyclists must follow the same traffic laws as motorists, including stopping at red lights and stop signs, yielding to pedestrians, and riding in the same direction as traffic.
Helmet Laws: While no statewide law requires adults to wear helmets while riding bicycles, […]
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Pittsburgh Cerebral Palsy Lawyer
A cerebral palsy diagnosis can turn a family upside down as new parents must figure out how to accommodate their child’s needs. For many children with cerebral palsy, intellectual disabilities, seizure disorders, and vision problems are also common.
While sometimes cerebral palsy happens while the child is developing in the womb and cannot be helped, in some circumstances, a child may develop cerebral palsy as a result of a birth injury. Unfortunately, proving something went wrong during delivery can be hard to do. But with a Pittsburgh cerebral palsy lawyer like those of Munley Law, we can guide you through the medical malpractice claims process to ensure your child receives the financial support needed for the difficult road ahead.
What Is Cerebral Palsy?
The Centers for Disease Control and Prevention (CDC) defines cerebral palsy as the most common motor disability in childhood. […]
