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 to Do While on Workers’ Compensation in Pennsylvania
Receiving workers’ comp benefits in Pennsylvania limits an injured worker’s activities. If your workers’ comp claim is in progress or has been approved, you may have questions about what you can and can’t do while receiving entitlements. Your claim benefits can be reduced or revoked if the insurance company or your employer can show that you don’t require them.
Workers’ compensation rules can feel overwhelming. Medical treatment, returning to work, and even personal activities can impact your recovery and entitlements. Physical recovery should always be your first priority. When you are focused on that and following your doctor’s orders, your workers’ compensation claim process should proceed more smoothly.
Unfortunately, your employer or insurance company paying for your entitlements will watch for any opportunity to revoke or reduce your compensation payments. For this reason, having an experienced Pennsylvania workers’ […]
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Construction Accident Lawyer
Construction accidents can devastate workers and their families, leading to severe injuries, overwhelming medical bills, and lost wages. At Munley Law, our construction accident lawyers have spent the last 65 years fighting for injured workers, securing multi-million dollar verdicts and settlements while helping our clients navigate workers’ compensation claims and third-party lawsuits.
Construction accidents often involve multiple responsible parties—contractors, subcontractors, equipment manufacturers, and property owners, to name a few. Our experienced construction accident attorneys know how to prove who is at fault for your injuries so you can receive full compensation for your accident.
Don’t let a construction accident derail your future – contact Munley Law today for a free case evaluation.
Common Construction Accident Claims Munley Law Handles
Construction sites present countless hazards that can lead to severe injuries to workers and visitors alike. […]
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Multi-Vehicle Crash Involving SEPTA Bus in King of Prussia, PA
Two passenger vehicles and a SEPTA bus were involved in a serious crash on January 8 in King of Prussia. According to news reports, the accident happened around 2 p.m. at South Henderson Road and Monroe Road intersection when a vehicle collided with the Route 99 SEPTA bus.
Injuries were reported in the crash, but the severity of the injuries is unknown at this time.
The cause of the accident is under investigation.
Bus Accidents in Montgomery County, PA
Traveling by bus is usually one of the safest forms of transportation. However, an accident with a bus, either as a passenger or an occupant in another vehicle, can often result in catastrophic injuries.
There could be multiple parties responsible for a bus accident. The bus driver or the other driver could be held responsible, […]
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Drunk Driving Accident Lawyer
If you were injured in an accident with a drunk driver, an expert drunk driving accident lawyer at Munley Law is ready to fight for your rights. When someone chooses to drink and drive, they risk their own lives, as well as the lives of everyone around them. If you have been injured in a car accident by a drunk driver, the law is on your side. If you were in a car accident because of someone else’s mistake, don’t worry; the law is on your side. You can seek justice and compensation for your injuries.
The Legal Consequences of a Drunk Driving Accident
Drunk driving is a serious offense. Since 2002, it has been illegal in all 50 states to drive with a blood-alcohol concentration (BAC) of 0.08 percent or higher. Drivers who get behind the wheel after drinking not only face criminal charges but can face civil liability for the harm they caused. […]
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Scranton Pedestrian Accident Lawyer
A Scranton pedestrian accident lawyer at Munley Law can help you understand your legal options for getting the money you need to cover your accident-related expenses and losses. Unlike regular car crashes, a collision involving a pedestrian can result in catastrophic injuries even at relatively low speeds.
With over six decades of experience, our Scranton pedestrian accident lawyers can handle the complex issues of your claim as you concentrate on healing from your injuries. We offer free consultations and handle these cases on a contingency basis. This means you do not pay us anything until we recover compensation for your accident. Call us today to schedule a free case evaluation with our Scranton personal injury law firm member.
Why Hire a Pedestrian Accident Attorney in Scranton, PA
A Scranton pedestrian accident attorney can gather the evidence, negotiate with the insurance company, […]
