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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Can a Passenger Sue Both Drivers After a Car Accident?
You can file an insurance claim or lawsuit to pursue compensation for medical bills, lost wages, and related losses when you’re hurt in a car accident while driving in Pennsylvania. The exact type of claim you file depends on your insurance coverage.
However, you don’t have to be driving to be hurt in an auto wreck. Maybe you’ve been injured as a passenger in a car accident.
This can already complicate matters, as you might not know whose insurance company (if any) is responsible for compensating you now. The case may be even more complex if multiple drivers contributed to the accident.
Determining liability is very important in these cases. For a passenger to receive the full amount of compensation available, they may need to file claims with multiple insurance companies or liable parties. […]
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Workplace Injuries During 12-Hour Shifts
Extended 12-hour shifts in various industries, including healthcare, manufacturing, and emergency services, pose significant injury risks due to physical and mental strain. These workers often experience fatigue, poor decision-making, and increased accidents. Healthcare workers often lift patients and operate heavy equipment, putting them at risk for back and musculoskeletal injuries.
Manufacturing workers face heavy machinery and high-risk environments, leading to burns and severe cuts. Emergency services personnel face high-stress situations, causing physical and emotional strain. And transportation workers face constant driving hours, increasing the risk of accidents. Understanding these risks helps implement preventative measures and ensure legal support for workplace injuries.
Common Industries with 12-Hour Shifts and Injury Risks
Industries that require 12-hour shifts are some of the most physically and mentally demanding environments, where the risk of injury is ever-present. In healthcare settings, doctors and nurses work tirelessly around the clock, constantly on their feet, […]
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Disposal Worker Injured by Pickup Truck in Lancaster County Crash
A disposal worker was injured in Lancaster County on the morning of December 9 after being hit by a pickup truck. According to news reports, the incident happened around 5:30 a.m. along South State Street in West Earl Township. The worker had just dismounted from the trash disposal truck when he was struck by the truck.
The worker sustained multiple injuries and was transported to the hospital, where he is in stable condition. Police say the crash is still under investigation.
Workers’ Compensation and Car Accidents
Getting into a car accident while on the job can be a complex situation as it involves both personal injury and workers’ compensation elements. Whether you’re a delivery driver, traveling salesperson, or simply running a work errand, understanding your rights and the steps to take after a work-related car accident is important for protecting your health and financial well-being. […]
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What Does a Wrongful Death Lawyer Do?
When faced with the tragic loss of a loved one due to someone else’s negligence or wrongful actions, understanding how a wrongful death lawyer can help becomes essential. These legal professionals specialize in wrongful death claims, guiding families through the legal process while advocating for their rights.
A wrongful death attorney helps families file their claims and build strong cases. They work diligently to gather evidence and establish who was at fault. They also fight to secure fair compensation for the family’s devastating losses. The process involves a thorough investigation of the death. They often bring in expert witnesses to strengthen the case. Throughout the process, they handle all negotiations with insurance companies.
Each element plays a vital role in building a compelling case to, ultimately, hold the responsible parties accountable. With a focus on both legal expertise and compassionate support, […]
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Who Gets the Money in a Wrongful Death Lawsuit?
If you have recently lost a loved one in a tragic accident, you may be wondering how a wrongful death claim works and who gets the money. Wrongful death settlements are paid to the family members following a victim’s death due to someone else’s negligence. When an immediate family member, like a parent or spouse, dies, there is a huge financial and emotional impact. Wrongful death suits work to provide financial support to those who were dependent on the decedent.
Understanding Wrongful Death Lawsuits
Wrongful death claims are a type of civil lawsuit where a deceased person’s surviving family members can recover damages if their loved one’s death was the result of another person’s wrongful act, neglect, unlawful violence, or negligence. While the most common wrongful death lawsuits are related to car accidents and motorcycle accidents, many other fatal accidents are appropriate for this type of lawsuit, […]
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