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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New York Truck Accident Lawyers
After a devastating truck accident, survivors need more than just legal help; they need an advocate with the experience, resources, and determination to take on powerful trucking companies. That’s why truck accident victims across New York trust Munley Law.
For over 65 years, Munley Law has been at the forefront of trucking litigation. Our attorneys have successfully handled hundreds of complex truck accident cases involving semi-trucks, 18-wheelers, and commercial vehicles. We are nationally recognized for our expertise in this highly specialized area of law, and we bring that knowledge to every New York case we take on.
Why New York Truck Accident Survivors Trust Munley Law
Truck accidents happen from coast to coast across the U.S., but New York is one of the top 5 states for truck accident injuries. Last year, New York drivers experienced more than 3,500 truck accidents and more than 4,000 truck accident-related injuries. […]
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Indiana Truck Accident Lawyer
A truck accident can change your life in an instant. If you or someone you love has been injured in a collision with a commercial vehicle, you need an experienced Indiana truck accident lawyer who understands both the impact of your injuries and the unique challenges these cases present. You’re likely facing overwhelming medical bills, lost income, and uncertainty about the future during this difficult time.
Truck accident cases are far more complicated than typical car crashes. When a commercial vehicle collides with a passenger car, the injuries are often severe, and the legal issues are anything but straightforward. These cases involve federal regulations, multiple insurance companies, and sophisticated evidence that requires specialized knowledge to handle effectively.
At Munley Law, our Indiana truck accident attorneys have dedicated their careers to helping victims like you recover from devastating truck crashes. We understand the physical, emotional, and financial hardships you’re experiencing, […]
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Illinois Truck Accident Lawyer
If you’ve been involved in a truck accident in Chicago, Rockford, Peoria, Springfield, or anywhere else in Illinois, you need a special kind of lawyer to fight for you. You don’t just need a personal injury lawyer; you need a lawyer with experience and depth of knowledge in commercial trucking cases. At Munley Law, our Illinois truck accident lawyers are nationally recognized for their success in handling complex truck crash cases. With decades of experience and a deep understanding of federal and state trucking regulations, we stand up to trucking companies, insurers, and negligent parties to secure the maximum compensation for our clients. If you or a loved one has been injured in a truck accident, don’t face the legal battle alone; let our award-winning truck accident team help you get the justice you deserve.
Call or reach us online to discuss your case in a free consultation. […]
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Can I Change Jobs While on Workers’ Compensation in Pennsylvania?
If you’ve been injured at work and receive workers’ compensation benefits in Pennsylvania, you might consider changing jobs for various reasons. Perhaps you’re seeking better opportunities, need to relocate, or want a position accommodating your medical restrictions. However, changing jobs while on workers’ compensation requires careful consideration to protect your benefits.
Avoid losing workers’ compensation benefits by making employment changes without legal guidance. The experienced Pennsylvania workers’ compensation attorneys at Munley Law have protected injured workers’ rights for over 65 years. Call us today for a free consultation to discuss your specific situation.
How Changing Jobs Affects Your Workers’ Compensation Benefits
When considering a new job while receiving workers’ compensation in Pennsylvania, understanding how this transition affects your benefits is essential. Changing employers doesn’t automatically terminate your workers’ compensation claim, but it can impact various aspects of your benefits. Here’s what you need to know about how changing jobs affects your medical coverage and wage loss benefits:
- Medical Benefits Will Continue: Your right to medical treatment comes from when your work injury occurred. […]
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Workers’ Compensation and Dealing with Doctors
After a workplace injury, dealing with doctors and medical examinations can significantly impact your workers’ compensation claim. Insurance companies often prioritize their interests over yours, making it essential to have proper legal representation to protect your rights.
Don’t let insurance companies undervalue your workplace injury claim. The experienced Pennsylvania work comp attorneys at Munley Law have been fighting for injured workers’ rights since 1959. Call us today for a free consultation and learn how we can help you receive the full compensation and medical care you deserve.
Understanding Insurance Company Doctors and IMEs
When you file a workers’ compensation claim, the insurance company will require you to undergo an Independent Medical Exam (IME). While these doctors are presented as neutral third parties who assess your injuries, they are selected and paid by the insurance company.
These company-approved physicians may not prioritize your recovery or fairly evaluate your condition. […]
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