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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Why is My Accident Settlement Taking So Long?
Accident settlements play a crucial role in the aftermath of a collision, providing much-needed financial relief to the injured parties and helping them move forward with their lives. These accident settlements, typically negotiated between the parties involved and their insurance companies, can cover accident expenses such as medical bills, lost wages, property damage, and emotional distress
Accident settlements are often viewed as the light at the end of the tunnel for those who have experienced a collision, providing financial compensation and a sense of closure. However, the process of reaching a settlement can be lengthy and frustrating, leaving many accident victims wondering why it’s taking so long to resolve their accident case.
The following will delve into the various factors that contribute to the duration of the accident settlement process, such as the complexity of the case, the need for thorough investigations, disputes over liability, and negotiations with insurance companies. […]
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How Do Truck Accident Attorneys Establish Negligence?
Truck accidents are among the most devastating and life-altering events that occur on our nation’s highways. Due to the sheer size and weight of commercial trucks, these collisions often result in catastrophic injuries, extensive property damage, and, tragically, loss of life. Navigating the aftermath of a truck accident can be an overwhelming experience, as victims and their families face mounting medical bills, lost wages, and the emotional toll of recovering from such a traumatic event. In this complex landscape, truck accident attorneys play a pivotal role, providing much-needed guidance and expertise to help victims seek justice and compensation for their losses. Below we will explore the critical functions of truck accident attorneys, from investigating the causes of the accident to negotiating with insurance companies and, if necessary, litigating in court. By understanding the importance of truck accident attorneys and their role in these cases, we can better appreciate the value they bring to victims and their families during one of the most challenging times in their lives. […]
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Reading Workers’ Compensation Death Benefits
What happens when a loved one dies as a result of a work accident?
The death of a loved one is devastating and life-changing. When a loved one is fatally injured as a result of a work-related accident or a disease or long-term illness caused by working conditions, it can be even more difficult. In addition to dealing with your grief, you are now grappling with mounting medical bills, funeral expenses, the loss of your loved one’s paycheck, and questions about the fatal accident that cost your loved one’s life.
Could their death have been prevented with better safety protocols or better training or protective equipment? Is their employer’s negligence to blame for the death of your family member?
If you have lost a loved one to a work accident or occupational illness, you may be eligible to claim death benefits to cover lost wages for the deceased worker as well as receive benefits to recover funeral expenses. […]
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Reading Workers’ Compensation: Specific Loss Benefits
A work injury can be devastating to you and your family. Missed work for recovery, medical visits, and the mountain of medical expenses related to your injury can lead to anxiety and fear for the future.
When you are hurt at work in Pennsylvania, you have a financial safety net called workers’ compensation insurance. Under Pennsylvania law, almost all employers in the commonwealth are required under the PA Workers Compensation Act to carry workers’ compensation insurance for all of their employees. Most employees, full-time, part-time, and even seasonal workers are eligible to receive workers’ compensation benefits for a work-related injury or illness.
Many different types of injuries are covered by PA workers’ compensation laws, including when a specific part of the body is hurt even when that injury does not cause you to miss work.
Injuries that cause loss of use of a body part, […]
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Pittsburgh Workers’ Compensation Death Benefits
Pittsburgh death benefits attorneys at your side
Famous for our steel mills, Pittsburgh is still a steel city but it has also established itself as a busy technology hub with major industry players such as Google, INTEL, Apple, and Facebook making a home in Pittsburgh. There are more than 1 million people employed across a dizzying variety of industries and sectors in Pittsburgh. Workers in Pittsburgh are the heart of its success, popularity, and the region’s economy. So when someone is hurt at work, they should know they can count on workers’ compensation benefits to help get them back on their feet.
However, sometimes, an injury from an accident at work or from an occupational illness can be so serious that it leads to the death of the injured or sick employee. When this happens, the deceased worker’s family deserves compensation in the form of death benefits provided by the same workers’ […]
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