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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What is Pain and Suffering in Pittsburgh Personal Injury Claims?
The law compensates victims who have experienced an injury-causing accident if it occurred as the result of someone else’s negligence. In these cases, the victim may file a personal injury claim with the help of a Pittsburgh personal injury lawyer to seek just compensation for all of their losses and pain. In the context of a personal injury claim, pain and suffering is a wide-ranging term that encompasses all forms of mental and physical suffering the victim has endured as a result of the accident. This can include things like physical pain, as well as things like emotional trauma suffered and mental anguish.
What Are Pain and Suffering Damages?
Pain and suffering is a broad umbrella term encompassing many experiences. So when we talk about “pain and suffering,” what exactly are we talking about?
Calculating pain and suffering is certainly not an exact science. […]
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Pennsylvania Wrongful Death Lawyer
Losing a loved one to someone else’s negligence is a tragedy no one should have to bear. While no amount of money will make things right, seeking justice with the help of a Pennsylvania wrongful death lawyer can hold the at-fault party accountable and bring your family some security.
What is Considered Wrongful Death?
In Pennsylvania, wrongful death is defined as a death caused by the wrongful act, neglect, unlawful violence, or negligence of another person or entity. The purpose of a wrongful death lawsuit is to compensate the family of the deceased for the losses they have suffered as a result of their loved one’s untimely death. This includes immediate expenses like funeral and burial costs and long-term losses such as loss of earnings and financial support, benefits, and companionship.
Common causes of wrongful death lawsuits include fatal motor vehicle accidents, […]
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Pennsylvania Medical Malpractice Lawyer
When you or someone you love enters a hospital or undergoes medical treatment, you rely on their caregivers to protect their patients from harm. Unfortunately, healthcare providers do not always uphold the standard of care. When a medical professional fails to uphold the standard of care, a medical error or medical negligence can have life-altering consequences for patients.
Pennsylvania has some of the country’s best doctors and medical facilities, but mistakes and negligence can happen anywhere. The American Medical Association found that more than 30% of physicians report being sued for malpractice at some point during their careers.
Suppose you or your family member suffered a serious illness, injury, or untimely death because of a medical mistake or negligence. In that case, the medical malpractice lawyers at Munley Law can help you understand your rights under state law. Call today to schedule a free consultation. […]
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Premises Liability Lawyers
Injured on Another’s Property? Munley Law Can Help.
Everyday places – grocery stores, gyms, even friends’ houses – can be potential accident zones. If you were injured because of a hazard on someone else’s property, you can hire a premises liability lawyer to pursue compensation.
For more than 60 years, the personal injury lawyers at Munley Law have successfully pursued premises liability claims for injured victims. Whether you were injured in a slip and fall accident at a restaurant, attacked by a neighbor’s dog, or involved in a situation even more complex, a Munley premises liability attorney can protect your rights and recover compensation for your losses.
What Is Premises Liability?
Premise liability is a legal concept that holds a property owner liable for any injuries a person sustained while on their property. All property owners have a duty of care to:
- Maintain reasonably safe conditions for patrons
- Warn patrons of unsafe conditions
- Repair unsafe conditions promptly
Here’s an example: The local grocery store has a giant puddle of water in one of the aisles. […]
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Wilkes-Barre Workers’ Compensation: Specific Loss Benefits
Our Wilkes-Barre Workers’ Compensation Lawyer Can Help You With Your Claim
Did you know that for certain work injuries that result in the loss of a body part or organ or permanent disfigurement, there is a special financial compensation payable to the injured worker that is separate from general Pennsylvania workers’ compensation?
If you have suffered an on-the-job injury that resulted in serious and permanent disfigurement, loss of a limb or body part such as a hand, leg, or eye, or loss of the use of a body part or organ you may be eligible to collect specific loss benefits. You want a Wilkes-Barre workers’ compensation lawyer from Munley Law in your corner.
What Are Specific Loss Benefits?
While workers’ compensation insurance pays for your medical expenses for treatment of your work-related injury and lost wages, […]
