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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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, […]
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What Are the Types of Wrongful Death Claims in Allentown?
Wrongful death claims can take a variety of forms. Some of the most common occurrences that can result in a wrongful death claim include motor vehicle accidents, fall accidents, pedestrian accidents, and more. Each of these fatal accidents requires a unique approach when filing a wrongful death lawsuit, and working with an experienced Allentown wrongful death attorney who is familiar with Pennsylvania law is one of the best ways to set yourself up for success.
What Are the Grounds for Filing A Wrongful Death Claim?
Every death is a tragic loss, but not all of them are grounds for a wrongful death claim. Wrongful death lawsuits require specific circumstances and fall into a specific category of personal injury cases.
There are two types of court proceedings in the US: criminal and civil. Criminal suits occur when someone has broken the law, […]
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Who Can File a Wrongful Death Claim in Allentown, PA?
In Allentown, PA, only certain eligible family members can benefit from a wrongful death lawsuit. These are the deceased person’s surviving spouse, children, or parents. In theory, these people were most likely to have been financially or otherwise reliant on the deceased person. Hence, they are eligible to receive damages in a wrongful death lawsuit. These are the first people eligible to file a wrongful death lawsuit or survival claim.
If you have lost a loved one and have questions about your wrongful death case, don’t hesitate to contact an Allentown wrongful death attorney. Working with the wrongful death lawyers at Munley Law is the best path toward justice and compensation.
What is a Wrongful Death Claim?
Pennsylvania law defines a “wrongful death” as “the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.” […]
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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. […]
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Erie Lyft Accident Lawyer
Logging into the Lyft app to get a ride home has become a convenient and safer way for residents and visitors of Erie to get to and from their destinations. However, the increased use of rideshare programs like Lyft and Uber have also caused an increase in Lyft accidents. If you or a loved one were injured in a rideshare vehicle or involved in a collision with a rideshare driver, call the Erie Lyft accident lawyers of Munley Law.
Our rideshare accident attorneys can help you navigate the claims process when you are involved in a wreck with a Lyft driver.
Why Do You Need a Lyft Accident Attorney?
Like any personal injury claim, you never have to hire an attorney. However, going through the legal process alone can prevent you from getting the compensation you need for your injuries. […]
