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 Serious Does a Collision Have to Be for Airbags to Deploy
Airbags are designed to protect you in severe crashes, but they don’t go off in every accident. In modern vehicles, airbag sensors measure the impact and determine whether airbags should be deployed. This decision is influenced by factors such as the speed you’re traveling, the type of crash, and where your vehicle is hit. Typically, airbags will deploy in collisions at speeds over 10 miles per hour. For example, if you hit a stationary object or are involved in a rear-end collision, the airbags may go off. However, seat belts alone may be enough to keep you safe in these crashes, and the airbags might not deploy.
Vehicle Safety System and Airbags
Airbags are just one part of your vehicle’s safety system. Seat belts play a critical role in keeping you secure during a crash. They hold you in place, allowing the airbags to provide maximum protection. […]
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How Does PIP Insurance Work In Pennsylvania?
Personal Injury Protection (PIP) insurance in Pennsylvania is intended to help cover medical expenses and other
related costs if you’re injured in a car accident, regardless of who caused the crash. It’s like a safety net that guarantees you get immediate help paying for things like hospital bills, doctor visits, and even lost wages due to your injury. PIP immediately kicks in after an accident, providing financial support while you focus on recovering from your injuries.
What Is Personal Injury Protection (PIP)?
In Pennsylvania, PIP and “First-party benefits” (FPB) are often used interchangeably to describe the auto insurance coverage motorists must carry. This type of insurance is essential because it pays for financial losses regardless of who caused the crash.
PIP covers medical costs in the event of an accident. In some cases, it can also help with lost wages or funeral expense coverage if the accident results in a death. […]
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Are Personal Injury Lawsuit Settlements Taxable?
The tax implications of personal injury settlements can be confusing, but Munley Law is here to help. 
Let our legal team at Munley Law Personal Injury Attorneys provide the clarity and expertise you need to handle your personal injury claim settlement with confidence. We will guide you throughout the process of your lawsuit as well as any tax implications. Talk to a personal injury attorney at Munley Law today for a free consultation.
Are Settlements Taxable?
Under the Unites States’ federal tax law, personal injury settlements are generally not taxable. The Internal Revenue Service (IRS) exempts these settlements from taxation to safeguard injured victims seeking compensation from additional financial stressors.
Non-Taxable Components of Personal Injury Settlements
“The amount of any damages (other than punitive damages) received…on account of personal physical injuries or physical sickness [are exempt] (IRC, […]
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Spine Injury from a Car Accident
Car accidents can result in devastating outcomes, with spinal injuries being among the most severe. Understanding the different types of spinal injuries, recognizing their common symptoms, and being aware of treatment options and potential compensation can help accident victims deal with these challenging circumstances. This blog provides essential information about spinal cord injuries that can occur from vehicle collisions.
Impacts of a Spinal Cord Injury from a Car Accident
Victims of motor vehicle accidents often face immediate physical and mental health challenges, with long-term effects that can drastically reduce their quality of life. Unfortunately, many accident victims may have to endure chronic pain due to spinal cord damage, nerve pain, or degenerative conditions for the rest of their lives. The moments immediately following a car crash are critical for the victim, as timely medical attention can significantly impact recovery.
Common injuries, […]
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How Long After a Car Accident Can You Sue in Pennsylvania?
In Pennsylvania, you generally have two years to file a lawsuit if you’re involved in a car accident and considering seeking damages. This means that after two years, you may lose the right to sue for your car accident case, so acting
within this period is essential to make sure your case is heard.
At Munley Law Personal Injury Attorneys, we specialize in personal injury cases, including those resulting from car accidents. Our seasoned car accident attorneys are adept at handling these tough cases and work hard to get you the compensation and justice you deserve.
Munley Law provides comprehensive support, guiding you through every step of the legal process to make it more understandable and less overwhelming. Our expertise and dedication help accident victims confidently face the legal system, ensuring their rights are protected, and their voices are heard.
