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.
More information about Claim
Erie Drowsy Driving Accident Lawyer
Most drivers are aware of the risks that something like drunk driving entails. We know not to get behind the wheel while intoxicated or under the influence of any substances. But what about driving when we’re tired?
If you or a loved one has sustained injuries in a car accident caused by drowsy driving, you deserve justice and compensation. Don’t hesitate to contact one of our top drowsy driving accident lawyers in Erie to learn about the legal process and how we can help with your car accident lawsuit.
How Many Car Accidents Are Caused by Fatigued Drivers in Erie, PA?
While getting behind the wheel when you’re feeling fatigued might not seem all that risky, the numbers show that drowsy drivers cause many car accidents each year. According to the National Highway Traffic Safety Administration (NHTSA), in 2019 alone, drowsy drivers were responsible for approximately 91,000 crashes, […]
More information about Claim
Erie Distracted Driving Accident Lawyer
Most drivers have been told about the dangers of texting while driving. Taking just a few seconds to glance down at your phone or to type out a message can result in an accident, serious injuries, and, in the worst of cases, can have deadly consequences. However, texting is not the only kind of distracted driving that drivers must be aware of. There are four distinct categories of distracted driving: visual distractions, manual distractions, cognitive distractions, and auditory distractions.
Distracted drivers pose a major threat to everyone on the road and cause many car accidents. If you or someone you know has sustained injuries in one of these car accidents, you may have grounds for a lawsuit. Contact one of our Erie distracted driving accident attorneys today to explore your options and learn how we can help you recover the compensation and the justice you deserve from the distracted driver’s insurance company. […]
Read MoreMore information about Claim
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, […]
Read MoreMore information about Claim
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, […]
Read MoreMore information about Claim
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. […]
Read More
