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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Philadelphia Duck Boat Accident Lawyer
When people think of duck boats, they usually think of a fun tourist activity to explore a new city. But if you’re searching for a Philadelphia duck boat accident lawyer, you know they can lead to a horrible boating accident, road collision, or pedestrian accident. If you or your loved one has suffered duck boating-related injuries or death, you need a lawyer well-versed in this unique area of law to ensure you receive the compensation you deserve.
Understanding Duck Boat Accidents in Philadelphia Waters
Unfortunately, deadly incidents involving duck boats are a part of Philadelphia history. Perhaps the most notorious of these accidents occurred in 2015 when two tourists were killed when a tugboat-guided barge crashed into a Ride the Ducks boat in the Delaware River. The tugboat driver was charged with manslaughter after it was found that the deadly boat accident was caused because he was playing around on his phone and laptop. […]
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Maximum Medical Improvement in Workers’ Compensation
Achieving Maximum Medical Improvement (MMI) is an important step in workers’ compensation cases, signifying that a person’s condition has reached a stable point and that no major improvements are anticipated. However, this doesn’t mean you’re fully healed. Many workers mistakenly assume that once they reach MMI, they are completely recovered.
In reality, they may still experience ongoing pain and limitations or require future care. It’s important to understand the implications of MMI on your benefits and compensation, as it can impact your settlement and eligibility for permanent disability benefits. Our experienced attorneys can help you handle this phase and ensure your rights and future needs are fully considered.
Understanding Maximum Medical Improvement (MMI) in Workers’ Comp Cases
Maximum Medical Improvement (MMI) marks when your injury stabilizes, not when you’re fully recovered. Think of it as reaching a plateau in your medical treatment, […]
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Workers Comp vs Personal Injury – What’s the Difference?
If you’ve been seriously injured, you may be drowning in medical bills, financially struggling, and unsure where to turn. Everyone seems to have advice, and you hear the words workers’ comp and personal injury thrown around a lot. While both provide compensation after an accident, it is important to understand the differences to determine the best option in your case.
Key Differences Between Workers’ Compensation and Personal Injury Claims
Both workers’ compensation and personal injury claims relate to injury, so you may wonder, what is the difference?
An injured employee can file a workers’ compensation claim when injured at work or through the scope of their employment. Workers’ compensation aims to protect injured workers first and foremost.
Personal injury lawsuits are appropriate when a third party has injured you. Personal injury claims are your best option if you have suffered an injury that is not work-related (for example, […]
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Pre-Existing Conditions in a Workers’ Compensation Claim
Pennsylvania workers’ compensation laws exist to protect employees with work-related injuries. But what if your injury is connected to a pre-existing injury or condition?
While your employer or their insurance company may suggest you aren’t eligible for workers’ compensation, that is not the case. You have rights under Pennsylvania and federal law.
If you have questions about your eligibility or need help fighting for the compensation you deserve, schedule a free consultation with a workers’ compensation attorney at Munley Law. We can help you understand your legal options and will fight for your rights.
Understanding Pre-Existing Conditions in Workers’ Comp Cases
For workers’ compensation purposes, a pre-existing condition is any prior medical condition that an employee has experienced before beginning work with your organization.
Common pre-existing conditions of injured workers include:
- Back and spine injuries
- Arthritis and joint problems
- Knee injuries
- Carpal tunnel syndrome
- Heart conditions
- Asthma and respiratory issues
- Mental health conditions
- Genetic predispositions
For workers’ […]
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Workers’ Compensation Lawyer
When you sustain workplace injuries or illness, you may wonder how you can afford your medical bills or how you’ll get paid for missed time from work. Fortunately, workers’ compensation benefits cover most employees. However, these benefits may not be as straightforward as they seem. Many times, the insurance provider will try to deny your claim. They may try to say your injuries were not sustained while on the job, your injuries are exaggerated, or you failed to file your workers’ compensation claim correctly. If this happens, you need a skilled workers’ compensation lawyer to help you with your workers’ comp claim.
If you’re having trouble with your workers’ compensation claim, speak with a personal injury lawyer at Munley Law Personal Injury Attorneys. For 65 years, our workers’ compensation attorney has been helping injured workers file workers’ comp claims and get the benefits they are owed. […]
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