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.
More information about Claim
Workers’ Compensation: Third Party Claims in York
Workplace injuries can happen unexpectedly in the heart of York County, where hardworking individuals like yourself contribute significantly to our community. When a work injury is caused by another party, understanding your rights and options is paramount. You may be able to collect additional compensation if someone causes your workplace accident. That’s why it’s important to speak with a York workers’ compensation lawyer immediately to learn your options and see what compensation is available.
What Are Workers’ Compensation Third Party Claims?
Third party claims involve seeking compensation from parties other than your employer or the workers’ compensation insurance carrier. These claims arise when a negligent party, aside from your employer, contributes to workplace injury. Understanding third party claims is crucial for maximizing your recovery, whether it’s a premises liability issue, a personal injury claim, or negligence.
Your workers’ compensation claim provides essential benefits, […]
Read MoreMore information about Claim
York Workers’ Compensation Lawyer
Navigating the complexities of workers’ compensation laws in York, PA, can be overwhelming. That’s why our York workers’ compensation lawyer is here to help. Every day, the legal team at Munley Law represents injured York workers across various industries, helping them understand that each case is unique and requires a personalized approach. Whether you’re dealing with medical expenses, lost wages, or the stress of recovery, our goal is to alleviate your burden and guide you through the legal process with expertise and compassion.
How Can Our York Workers’ Compensation Attorneys Help With Your Benefits
A York workers’ compensation attorney can help you with your workers’ comp benefits in various ways, especially since the laws can be challenging to navigate independently. They can help in the following ways:
Understanding Your Rights
Your workers’ comp lawyer will explain the benefits available under Pennsylvania workers’ […]
Read MoreMore information about Claim
Understanding Uber Accident Liability in Wilkes-Barre, PA
With more people relying on rideshare services to get from point A to point B, it’s no surprise that Uber accidents are rising. But when you’re involved in an accident with an Uber driver, knowing who is liable for your injuries and damages is important. The Uber driver, their insurance, Uber, or another driver may be held liable for an accident. However, there are set limitations on who can be held at fault. Because of the intricacies of Wilkes-Barre Uber accidents, if you’ve been hurt in a rideshare collision, you need a trusted Wilkes-Barre Uber accident lawyer from Munley Law to help you navigate liability claims.
Who Can Be Held Liable For an Uber Accident?
When an Uber accident occurs in Wilkes-Barre, determining liability can be complex due to the multiple parties involved and the unique nature of ridesharing services. […]
Read MoreMore information about Claim
How Much is the Average Workers’ Compensation Settlement?
Determining how much compensation the average workers’ compensation settlement is can be a rather loaded question. In general, there is no average settlement regarding Pennsylvania workers’ compensation as it will largely depend on the severity of the injuries incurred in the workplace. However, there are ways we can estimate how much workers’ compensation you may be entitled to. The workers’ comp lawyers of Munley Law Personal Injury Attorneys explain.
How to Determine the Average Workers’ Compensation Settlement
To determine the average workers’ compensation settlement amount, you need to consider the various benefits you may receive after a workplace injury. The benefits include the following:
Medical Costs
After a workplace injury, you will likely amass some expenses related to the injury. Part of your workers’ comp settlement will include coverage for medical costs, meaning any medical expense related to the injury. […]
Read MoreMore information about Claim
How to Determine Fault in a Williamsport Car Collision
Car collisions still happen frequently enough that questions about liability determination arise almost daily. Understanding Pennsylvania’s traffic laws as well as liability rules involved with car accidents becomes paramount to successfully proceeding with legal proceedings.
Our Williamsport car accident lawyers can provide essential support during times of distress and uncertainty following a car collision in Williamsport. Their local knowledge and legal expertise make them particularly helpful during such trying experiences.
Understanding Pennsylvania Car Accident Laws
Navigating the aftermath of a car collision in Pennsylvania requires knowledge of state traffic laws that play an integral part in establishing blame and legal proceedings. Pennsylvania utilizes no-fault and traditional tort systems, making establishing fault a complex yet essential process.
Under a “no-fault” system, drivers must purchase personal auto insurance to cover medical expenses and out-of-pocket losses regardless of who caused an accident. […]
Read More
