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.
More information about Claim
Pittsburgh Workers’ Compensation: Specific Loss Benefits
Disfigurement and Specific Loss Benefits
If you have suffered a catastrophic injury at work resulting in permanent disfigurement, scarring, or loss of the use of a limb or body part, you need to know that you may be entitled to compensation.
The Pennsylvania Workers’ Compensation Act mandates employers carry workers’ compensation insurance. Workers’ compensation benefits cover medical treatment costs incurred due to a work-related injury. Workers’ compensation insurance also provides some financial relief in the form of wage loss benefits for work that is missed due to the injury and recovery.
Specific loss benefits are less common but just as important. If you are a worker in Pittsburgh and you have lost a limb, or another body part, amputation, loss of most of or all of the use of a body part including permanent vision and hearing loss you may be entitled to specific loss payments. […]
Read MoreMore information about Claim
How Much Do I Get From Workers’ Compensation?
In the aftermath of a workplace accident, most people feel anxiety about their finances. Between expensive medical care and missed work, many might worry about how to make ends meet. If you have been involved in a workplace accident, Munley Law Personal Injury Attorneys expresses its most sincere condolences. From dealing with hundreds of worker’s compensation claims, we are aware that these can be particularly trying times in any professional’s life.
While you are healing, we hope that our deep expertise in litigating workers’ compensation claims can make this difficult time a little easier. Winning the outcome that you deserve can go a long way toward improving your recovery and reducing the financial pressure you are under. Please reach out to our workers’ compensation lawyer today for a free consultation. We look forward to putting our expertise to work for you.
What is Workers’ Compensation? […]
Read MoreMore information about Claim
What is Strict Liability Law?
How Does Strict Liability Affect My Personal Injury Claim?
There are many personal injury cases that benefit from the strict liability law doctrine, also known as liability law. When the strict liability law doctrine is applicable, victims can seek out a personal injury claim without the emotionally exhausting task of establishing the responsible person(s) or company‘s proof of negligence, intention, or carelessness. Strict liability law only demands the evidence that shows harm or danger was inflicted upon the party seeking compensation, and that the accused committed it.
If you think that you have a personal injury case, or should you have questions about filing your case, contact a personal injury lawyer at Munley Law for a free consultation – we have over 60 years of experience, a successful track record, the resources, the knowledge, and the nationally recognized team to get you the compensation that you are entitled to. […]
Read MoreMore information about Claim
What Are the Most Dangerous Roads in Philadelphia?
What Are the Top Philadelphia Roads That Car Accidents Occur?
A car accident can happen anywhere in Philadelphia. But there are some roads and intersections that are more dangerous than others. Accidents occur more often at certain locations that are more heavily traveled. There are also some roads that are inherently dangerous based upon the characteristics of the highway itself, such as narrow lanes, sharp curves, or reduced sight lines.
In fact, Philadelphia has four of the ten most dangerous highways and road segments in Pennsylvania. Some intersections also have significantly higher crash statistics than other locations throughout Philadelphia.
If you were injured in a car accident on one of Philadelphia’s deadliest roads, contact our Philadelphia car accident lawyer for a free consultation. Munley Law Personal Injury Attorneys is happy to discuss your legal options following a traffic accident in Philadelphia. […]
Read MoreMore information about Claim
Philadelphia Fatal Truck Accident Lawyer
Fatal Commercial Truck Accidents in Philadelphia
Commercial trucks provide a necessary service and form an integral part of the national economy. But commercial trucks are also dangerous, especially when driven on the narrow streets of Philadelphia. If you’ve lost a loved one in an accident with a commercial vehicle, you may have a legal claim that can alleviate the financial burdens you and your family now must navigate.
For more than 60 years, the Philadelphia fatal truck accident attorneys at Munley Law have fought for families and individuals who have lost a family member because of someone else’s wrongful action. As just one example, in 2018, Marion Munley, Caroline Munley, and Robert Munley III reached an $8 million settlement in a wrongful death case involving a truck crash. Our experienced Philadelphia truck accident lawyers have successfully resolved many personal injury cases just like this one, […]
Read More
