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 Report Unsafe Working Conditions in Wilkes-Barre
What is Considered an “Unsafe Working Condition?”
When most people hear the phrase “unsafe working conditions,” factories and operating large machinery come to mind. While it’s true that some industries are more high-risk than others, the reality is any workplace can be unsafe. For your own safety, you should know how to identify unsafe working conditions and how to report them to the appropriate authorities.
An unsafe working environment is an environment with hazards present that make it dangerous for you to carry out any of your job duties. The environment poses a threat to your health and safety and may interfere with you being able to do your job correctly. While some jobs are dangerous by nature, “unsafe working conditions” refer to circumstances outside of what is reasonable, normal, or acceptable by regulatory standards.
Examples of Unsafe Working Conditions
While this list is not exhaustive, […]
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PA passes Kevin’s Law, increases penalty for hit and run
State legislators passed a bill yesterday to strengthen Pennsylvania’s hit-and-run law. Kevin’s Law was named in honor of Kevin Miller from Dallas, PA, a 5-year-old boy killed by a hit and run driver as he crossed the street with his family in Wilkes-Barre four days before Christmas in 2012. Kevin Miller’s family, along with more than 60 local residents, traveled to the state capital yesterday to show support for passage of the law.
The original law carried only a mandatory minimum one-year in jail. Under the law change, the penalty for those who flee fatal crashes will be increased to a mandatory minimum of three years in prison. Kevin’s Law, amended into Senate Bill 1312, makes the penalty for fleeing the scene of a vehicular homicide the same as homicide by vehicle when drunk.
Alcohol is often a factor in these crashes, and pedestrians are often the victims, […]
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How Does a Personal Injury Lawsuit Work?
Most people never think about what it takes to file a lawsuit until the time comes. If you have never had to take part in a personal injury lawsuit, you probably don’t know exactly what to expect. How does a personal injury lawsuit work? The entire process can be intimidating or confusing when it is unfamiliar. You likely have a lot of questions.
Your personal injury lawyer from Munley Law Personal Injury Attorneys will be by your side every step of the way, but you still should have an understanding of how the process works. In truth, every case is different, and some are more complex than others. But, there are certain elements that will remain consistent in most lawsuits. Consider this your guide to personal injury lawsuits and how they work.
Why File a Personal Injury Lawsuit?
First, why file a personal injury lawsuit? […]
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What Happens When Someone Dies in a Crash?
When someone you love dies in a collision, you need someone who will fight for your family
Get justice after a loved one dies in a fatal crash
It is the call every family member dreads. While we all hope that it will never be us or our loved ones, 6 million Americans crash every year. 3 million suffer serious injuries from their accidents. Each day, 90 people die in collisions on America’s streets, roads, and highways. In the wake of a fatal crash, the victim’s family members must pick up the pieces while simultaneously grieving the person they lost. However, most people do not know what to do. As a result, the car accident lawyers at Munley Law Personal Injury Attorneys explain what happens when someone you love dies in a car crash.
Do you have questions about an accident? […]
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Is Workers’ Compensation for Independent Contractors Available?
When you are an independent contractor you have more flexibility and the potential to earn more than workers who make a straight salary working for a single employer. And while there are obvious benefits, you know from experience that with the flexibility and extra earning capacity that comes with working for yourself, there are added anxieties and responsibilities.
When you work for yourself, you have a lot of freedom but also a lot to think about, prepare for and worry about.
When you work for yourself and you sustain a work-related injury or illness, you may wonder how you can afford your medical bills or how you’ll get paid for missed time from work. Fortunately, if you have Pennsylvania workers’ compensation insurance, those benefits can provide necessary financial support while you recover.
Independent contractors work in every US business sector
According to an article by Business New Daily, […]
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