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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Wilkes-Barre Workers’ Compensation: Specific Loss Benefits
Our Wilkes-Barre Workers’ Compensation Lawyer Can Help You With Your Claim
Did you know that for certain work injuries that result in the loss of a body part or organ or permanent disfigurement, there is a special financial compensation payable to the injured worker that is separate from general Pennsylvania workers’ compensation?
If you have suffered an on-the-job injury that resulted in serious and permanent disfigurement, loss of a limb or body part such as a hand, leg, or eye, or loss of the use of a body part or organ you may be eligible to collect specific loss benefits. You want a Wilkes-Barre workers’ compensation lawyer from Munley Law in your corner.
What Are Specific Loss Benefits?
While workers’ compensation insurance pays for your medical expenses for treatment of your work-related injury and lost wages, […]
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Slip and Fall Attorney
Our Slip and Fall Attorney is Here to Help
As the victim of a slip and fall accident, you may be entitled to compensation. If the fall wasn’t your fault, a slip and fall accident lawyer can help you recover costs associated with your injury, including medical bills, lost wages, and even pain and suffering.
Don’t wait – the sooner you speak with a Munley Law slip and fall lawyer, the sooner you can begin recovering financial compensation. Schedule your free consultation today and take the first step to getting your life back on track.
What is Premises Liability?
Premises liability is a law that holds property owners accountable for any dangerous conditions on their property, whether it is a grocery store, an apartment building, or a single-family home. A property owner is responsible for keeping their property reasonably safe for visitors. […]
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What Are the Common Causes of Truck Accidents in Easton, PA?
The consequences can be devastating when a massive commercial truck collides with a smaller passenger vehicle. A truck accident can have swift and long-lasting effects on your life.
Understanding the causes of truck accidents in Easton is important for both prevention and seeking justice. If you’ve been the victim of a truck crash and plan to make a truck accident claim.
At Munley Law, our team of experienced Easton truck accident attorneys has seen firsthand the devastating effects of truck accidents. We are dedicated to helping Easton and Pennsylvania victims seek the compensation they deserve. If you or a loved one has been injured in a truck accident, please call or message us for a free case evaluation.
What Causes Truck Accidents to Occur in Easton, PA?
Some of the most common causes of truck accidents in Easton include:
- Driver Fatigue: Truck drivers often face tight deadlines, […]
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What Does Duty of Care Mean in a Premises Liability Claim in Hazleton?
A duty of care is essentially a legal duty that requires a person to exhibit reasonable care and avoid negligence or carelessness that could result in causing harm to others. The duty of care is present in many different situations. For instance, a doctor has a duty of care to their patient. Every medical professional must uphold a standard of care and behave in a way that other physicians would deem reasonable. All drivers have a duty of care to other drivers: they must drive safely, exhibit reasonable care, and refrain from any behavior that could cause a car accident or injury.
But what does this term mean about a premises liability claim? Here, the term refers primarily to property owners. All property owners owe a duty of care to all those who legally enter their property, […]
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What Kind of Compensation Can You Receive For a Lyft Accident in Easton?
Car accidents can be traumatizing experiences, leaving accident victims with both serious physical injuries and immense emotional distress. They can also be expensive: medical expenses, lost wages, property damage, and more can pile up after a car accident, adding a financial burden to an already stressful situation.
The situation takes on another layer of complexity if you have been in a Lyft car accident. When a large company like Lyft is involved, what does the legal process look like? How can you receive compensation for your losses? And when you do, what kind of compensation will it be? It’s important to speak with an Easton Lyft accident lawyer to learn what compensation is available following a Lyft accident in Easton.
How Much Compensation Could I Receive in a Lyft Accident?
There is no way to provide an accurate compensation estimate without knowing the case details, […]
