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 Car Accident Lawyer
Car accidents are an unfortunate part of life. However, that doesn’t mean you must deal with the aftermath alone. When you’ve been hurt in a car accident because of another driver’s negligence, you need an Erie car accident lawyer from Munley Law.
For decades, we have represented personal injury victims across Pennsylvania, including those in Erie County. Call Munley Law for a no-obligation, free consultation.
Do I Need to Hire an Erie Car Accident Attorney?
You are not legally required to hire an Erie car accident attorney for your claim, but there are benefits to doing so. With an experienced attorney, you can rest assured knowing that you are following the legal process precisely as you should, maximizing your total compensation.
Complex Cases Call For Experienced Car Accident Lawyers
While some car accidents are straightforward, such as a minor fender-bender at a red light, […]
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Erie Medical Malpractice Lawyer
When doctors take the Hippocratic Oath, we expect them to provide a certain level of care to all patients they encounter. But when medical negligence occurs and an injury or illness results, you need support. If you or a loved one suffered at the hands of a medical professional, call the Erie medical malpractice lawyers of Munley Law.
For more than 60 years, Munley Law has represented victims and their families, including those of medical malpractice. Call today for a no-obligation, free case evaluation.
What is Medical Malpractice?
The National Institutes of Health defines medical malpractice as “any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.”
Medical malpractice can occur once a doctor-patient relationship has been established and includes injury, […]
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Can I still pursue a claim if the hit and run driver is never found?
In Pennsylvania, hit and run accidents are an unsettling concern for drivers and pedestrians alike. The prevalence of hit and run accidents makes Pennsylvania residents question the safety of our roads. Every year, numerous individuals become victims of these incidents, and beyond the immediate trauma, they are left grappling with overwhelming emotional distress and mounting financial burdens.
These accidents don’t just leave physical scars; they imprint deep emotional wounds. This is magnified when the victim does not know who the culprit is and cannot bring them to justice. For many, medical bills pile up, wages are lost, and car repairs become an unforeseen expense, creating a spiraling impact on personal finances. As you are going through this storm, an urgent question lingers: Can you still pursue a claim if the at-fault driver remains unidentified?
Legal Perspective on Hit and Runs in Pennsylvania
In Pennsylvania, […]
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Bethlehem Drowsy Driver Accident Lawyer
Get a Free Consultation With a Qualified Bethlehem Auto Accident Attorney
Bethlehem, Pennsylvania, has bustling roads and highways often frequented by busy truckers. Highways like Interstate 78 and Route 22 are key arteries for trucking and passenger vehicle traffic, potentially increasing the likelihood of accidents involving drowsy drivers. When fatigued, truckers and passenger vehicle drivers pose significant risks to road safety. If you find yourself a victim of such a situation, it’s imperative to seek a free consultation with a skilled, drowsy driving attorney who can help navigate the complex legal landscape and potentially assist in obtaining rightful compensation for damages. Our experienced and successful personal injury team at Bethlehem’s Munley Law can help steer your quest to seek the compensation you deserve.
Understanding Drowsy Driving Accidents
Understanding drowsy driving involves recognizing its potential dangers and far-reaching impacts. It’s a condition where a driver, […]
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Bethlehem Hit and Run Accident Lawyers
When you or your loved one are injured in a car or pedestrian accident, the last thing you should worry about is whether the liable driver remains at the scene. Hit and run accidents are unfortunately too common in Bethlehem, and fleeing the scene can amount to a felony hit and run.
Bethlehem is filled with cultural and artistic attractions, including SteelStacks, the National Museum of Industrial History, and the Lehigh & Keystone Valley Model Railroad Museum. Combined with the major highways that surround the Lehigh Valley and the busy roads that cut through, the influx of drivers makes hit and run accidents more likely than ever.
Whether you are driving downtown, parked to visit an attraction, or are a pedestrian, navigating a hit and run accident is challenging.
Munley Law’s Bethlehem hit and run accident lawyers are ready to take on your case. […]
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