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.
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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How to Deal With Workers’ Comp Insurance Adjusters
If you were injured at work, your employer and their insurance company are legally obligated to help you with the unforeseen expenses that come along with the injury. Workers’ comp benefits cover medical bills and lost wages if your workplace accident requires you to miss days at work. While workers’ comp law is designed to protect workers and employers, things can often be missed.
If you need help with workers’ comp law and compensation benefits, or if you need help filing a personal injury claim on top of workers’ comp, reach out to an experienced workers’ compensation attorney at Munley Law. Our lawyers will make sure you receive the workers’ comp benefits you are entitled to following a work-related injury.
What Is a Workers’ Compensation Insurance Claims Adjuster?
Workers’ compensation claim adjusters are employees of the insurance company. Adjusters are sometimes referred to as case managers or claim managers. […]
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How Can You Know If You Have a Concussion?
Traumatic brain injuries, including concussions, are different from other injuries. A broken arm, a bad cut, and even a severe burn are visible. What makes head injuries so scary is that they aren’t visible to the naked eye. Therefore, they are more challenging to diagnose.
If you have signs of concussion, it’s important to seek medical care as soon as possible. If symptoms worsen, this can lead to a more severe traumatic brain injury, which can be life-altering and deadly
If you suffered a concussion because of the negligence of another person, call the Munley Law personal injury lawyers today for a free consultation. Our traumatic brain injury attorneys will protect your rights and secure compensation for your losses.
What Is a Concussion?
A concussion is a subset of the neurological injuries known as traumatic brain injuries (TBIs). […]
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Why Should You Always Keep Your Distance From a Large Truck?
You should maintain a safe distance from large trucks because their significant blind spots make it difficult for drivers to see nearby vehicles, especially directly behind or beside the truck. Trucks may need to make wide turns, so staying back reduces your risk of collision if the truck brakes suddenly or maneuvers. Additionally, trucks require much more stopping distance than regular passenger vehicles. If the truck comes to a sudden halt and you’re driving too closely, your car may run into the back of the truck, which can have devastating results for you and your passengers.
Motor vehicle crashes can happen any time, anywhere and sometimes, they are unavoidable. However, there are simple safety tips drivers can use to remain as safe as possible while on the road. One of the main ways is to create a safe following distance between your motor vehicle and the vehicle in front (and behind!) of you – especially if it’s a larger vehicle like a truck! […]
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What Percentage of Work Zone Related Accidents Involve Large Trucks?
When you drive by a work zone on a main road or highway, you’ll likely see several large trucks on your route: dump trucks, garbage trucks, heavy trucks, oversized trucks, tractor trailers, and more. Construction workers use these large vehicles to pave roads, fix potholes, and even build new parts of the highway. While these massive motor vehicles are essential to construction work, they are inherently dangerous and can cause devastating harm to passenger vehicle drivers on the road.
We’re going to talk about the statistics on large trucks, work zone accidents, fatal crashes, how to avoid an accident, and what to do if you’ve been in an accident with a large commercial truck in a work zone.
If you have more questions, the Munley Law truck accident lawyers are standing by. We offer a free consultation where we will discuss your story, offer expert legal advice, […]
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Are Highways Safer Than Regular Roads?
Believe it or not, highways are generally safer than regular roads. While traffic accidents can happen anywhere, statistics show that highways have a lower rate of fatal accidents and injury crashes compared to local and arterial roads. In this article, we’ll go over the factors that contribute to highway safety, including the limited access points, speed limits, and physical barriers on highways.
If you have any more questions regarding highway safety, or if you have been involved in a highway accident, call the Munley Law personal injury lawyers. Our accident lawyers offer a free consultation where we will answer your questions and discuss your legal options.
Crash Fatality Statistics: Highways vs. Local and Arterial Roads
According to a 2022 report from the Insurance Institute for Highway Safety (IIHS), crash deaths in rural areas were less likely to occur on rural highways, […]
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