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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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, […]
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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’ […]
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What Do Scranton Medical Malpractice Lawyers Do?
If you or a loved one have experienced a medical error or negligence from a healthcare provider in Scranton, Pennsylvania, you may wonder about your legal options. This is where the expertise of a Scranton medical malpractice attorney comes into play.
These specialized attorneys have extensive knowledge and experience in handling cases involving medical malpractice in Scranton. They work diligently to protect the rights of their clients and help them seek justice and compensation for any harm caused by a medical professional. In this blog post, we will delve into the role and responsibilities of a Scranton medical malpractice attorney and how they can assist you in your case.
Defining Medical Malpractice
Medical malpractice occurs when a medical professional, such as a doctor, nurse, or hospital, deviates from the accepted standards of care, […]
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Can I Sue for Cerebral Palsy in Stroudsburg, PA?
Cerebral palsy, a lifelong neurological condition, impacts a person’s muscle coordination and movement ability. It is often caused by damage to the developing brain before, during, or shortly after birth. Unfortunately, birth injuries such as oxygen deprivation, trauma, or infections can be the underlying cause of cerebral palsy. If you or your child has been diagnosed with cerebral palsy in Stroudsburg, PA, resulting from a preventable medical error, you may be wondering if you have grounds for a lawsuit. It’s best to speak with an experienced Stroudsburg birth injury lawyer to learn your legal options.
Understanding Cerebral Palsy and its Causes
Cerebral palsy can result from various factors, including instances of medical negligence. When medical professionals don’t stick to the standards of care, and it hurts someone, that’s medical negligence. If you think your child has cerebral palsy because of a doctor’s mistake, […]
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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. […]
