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 Injuries, Diseases and Illnesses are Covered by Workers’ Compensation?
Can I Receive Workers’ Compensation?
Workers’ compensation is an insurance program that provides a financial safety net for Pennsylvania workers who have suffered a work-related injury or occupational disease during the course of their employment. If you suffered an injury or have become sick from workplace conditions in PA, you have the right to receive workers’ compensation from your place of employment to cover your medical expenses and lost wages for your injury or illness.
The Pennsylvania Workers Compensation Act of 1915 mandated that all employers in PA provide workers’ compensation insurance for all employees. All Pennsylvania workers are covered for the entire period of their employment. Coverage begins on the first day on the job. Injuries or diseases caused or aggravated by workplace duties are covered under workers’ compensation, regardless of the employee’s previous physical condition.
If you are suffering from a work-related injury or disease, […]
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Pittsburgh 18 Wheeler Accident Lawyer
Our Pittsburgh 18 Wheeler Accident Attorney Will Protect Your Rights
A crash involving a large 18-wheeler truck is nothing like a regular car accident. Injuries are often severe, and the case may involve multiple individual and commercial defendants. You need a specific kind of lawyer to represent you and ensure you receive the help you need – you need an experienced Pittsburgh 18 wheeler accident attorney.
At Munley Law, a team of highly qualified Pittsburgh truck accident lawyers with decades of experience is ready to get to work for you today. Our attorneys have led the American Association for Justice Trucking Litigation Group and were among the first lawyers in Pennsylvania to become board certified in truck accident law by the National Board of Trial Advocacy.
While many injury law firms claim to handle truck cases, we devote a significant portion of our law practice to commercial truck and 18-wheeler cases specifically. […]
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Pittsburgh Drunk Driving Accident Lawyer
Were you hit by a drunk driver in Pittsburgh?
Alcohol is a factor in many of the worst car accidents that happen in and around Pittsburgh. When people choose to drive drunk, they recklessly put innocent lives in peril. Drunk driving accidents can result in serious injuries and loss of life.
If you were hit by a drunk driver in Pittsburgh, you may be facing steep medical bills, loss of income, and uncertainty about the future. The good news is that the law is on your side. Still, many car accident victims never receive the full amount of compensation they are owed because insurance companies settle their claims for less. A Pittsburgh drunk driving accident attorney at Munley Law can ensure you receive every dollar you need to make a full recovery and hold the other driver accountable.
Contact a Pittsburgh car accident lawyer at Munley Law today for a free, […]
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Pottsville Wrongful Death Lawyer
Our Pottsville Wrongful Death Attorneys Will Fight For Your Loved One
If you have lost a loved one in a wrongful death accident, you deserve justice. Too often, the negligence of another person or company results in fatal accidents, and when this happens the liable party needs to be held accountable. Justice for your loved one includes accountability, closure, and financial compensation for the damages and losses you and your family are suffering.
Our Pottsville wrongful death lawyer knows that a legal battle may be the furthest thing from your mind after the tragic loss of a loved one. The compassionate Pottsville personal injury lawyers at Munley Law are ready to meet with you for a free, confidential consultation. They will then shoulder the legal burden of your case so that you and your family can grieve in peace.
What is a Wrongful Death? […]
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Philadelphia Workers’ Compensation: Specific Loss Benefits
What Are Specific Loss Injuries?
Workers’ compensation coverage is PA state-mandated insurance for employees created by the Pennsylvania Workers Compensation Act. This insurance is a safety net for workers who become injured or sick as a result of job-related duties. Workers’ compensation benefits cover medical expenses due to the injury or illness and lost wages from work missed due to the injury and recovery.
While workers comp covers lost wages due to missed work, if you have suffered an injury that results in the loss of a body part or loss of function of that body part or permanent disfigurement, you may be entitled to collect a special kind of Pennsylvania workers compensation insurance known as Specific Loss insurance and this compensation is available to injured workers even if you are able to return immediately to work.
If you are a worker in Philadelphia and you have suffered serious and permanent disfigurement, […]
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