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 in Norristown: Third Party Claims
If you find yourself in the unfortunate situation of facing a workplace injury in Norristown, PA, you deserve to understand all your options for compensation and support. At Munley Law, we’re here to provide you with comprehensive guidance, not just in workers’ compensation claims but also in navigating the complexities of third-party claims associated with workplace accidents.
Norristown, with its rich history and vibrant community, thrives on the dedication of its workforce. We understand the importance of your job, your role in this community, and the impact an injury can have on your life.
Workplace Accidents Can Involve Multiple Responsible Parties
However, workplace accidents can sometimes involve third parties, such as contractors, manufacturers, or property owners. If a third party’s negligence contributes to your injury, you may be entitled to compensation beyond traditional workers’ compensation benefits. […]
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Norristown Workers’ Compensation: Specific Loss Benefits
If you find yourself here, you likely have questions about specific loss benefits, a crucial aspect of workers’ compensation that pertains to work-related injuries resulting in the permanent loss or disfigurement of certain body parts or functions. In this detailed guide crafted just for you, we delve into the nuances of specific loss benefits within the context of Norristown, your home.
As an injured worker in Norristown, you’re not just seeking legal assistance; you’re searching for a team of experienced professionals who understand the local landscape. Our dedicated Norristown workers’ compensation lawyers at Munley Law specialize in ensuring that you receive every benefit you’re entitled to under Pennsylvania’s Workers’ Compensation Act. We understand the complexities of workers’ compensation law and the challenges that injured workers face. You deserve every penny of the benefits you are entitled to, especially during the physically and emotionally challenging times following a work-related injury or occupational disease. […]
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Is Cerebral Palsy Caused by a Birth Injury?
Cerebral palsy is a group of neurological disorders that affect a person’s ability to move and maintain balance and posture. It is caused by abnormal brain development or damage to the developing brain that affects a person’s ability to control their muscles.
Cerebral palsy can vary in severity, with some individuals experiencing mild symptoms and others having severe limitations in their movement and coordination. Understanding the causes of cerebral palsy is essential as it can help in the prevention and management of the condition, and also provide valuable insights for families and caregivers in coping with the challenges posed by cerebral palsy.
If you think your child’s cerebral palsy was caused by a birth injury, do not hesitate to reach out to one of our birth injury attorneys at Munley Law. We offer a free consultation for new clients where we will listen to your story and offer expert legal advice. […]
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What Is the Average Brain Injury Settlement Value in Allentown?
Brain injuries, ranging from mild concussions to severe traumatic brain injuries (TBI), can have a profound impact on an individual’s life. These injuries often result in long-term cognitive, emotional, and physical impairments, affecting not only the victims but also their families. The consequences can include significant medical expenses, loss of income, and reduced quality of life, making the understanding of settlement values important for victims seeking compensation. That’s why it’s important to speak with an experienced Allentown brain injury lawyer to learn what your options are.
When it comes to settlements for brain injuries, numerous factors come into play, such as the severity of the injury, the circumstances surrounding the accident, and the resulting damages. In Allentown, Pennsylvania, these settlements can be particularly complex due to the city’s unique legal landscape and the local court system. Understanding the average brain injury settlement value in Allentown is vital for victims and their families. […]
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What Is the Statute of Limitations For a Slip and Fall Injury in Philadelphia?
Philadelphia, the City of Brotherly Love, is renowned for its rich history, iconic Liberty Bell, and irresistible cheesesteaks. Its unique blend of historic charm and modern urban life attracts millions every year. Yet, like any bustling city, accidents such as slip and fall injuries are not uncommon on its cobblestone streets and contemporary establishments. Understanding the statute of limitations — a legal term that refers to the set duration within which one must initiate legal proceedings from the date of an alleged offense — becomes vital in such scenarios.
This time limit serves to ensure fairness in legal claims and prevent stale claims from arising. For anyone in Philadelphia who has experienced a slip and fall, being aware of these time constraints is crucial. Such knowledge can mean the difference between receiving due compensation or missing out due to a legal technicality. […]
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