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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Wilkes-Barre Workers’ Compensation for Healthcare Workers
Wilkes-Barre Workers’ Compensation: Healthcare Worker Injuries
Healthcare workers in Luzerne County medical facilities like Commonwealth Health Wilkes-Barre General Hospital, Geisinger South Wilkes Barre, and Wilkes Barre VA Medical Center face a significant risk of injury. Staff members of Little Flower Manor and other popular direct care facilities may face an even greater possibility of being involved in an accident that results in personal injury. Nursing homes have one of the highest occupational illness and injury rates in the United States.
The recent pandemic highlighted the valuable role healthcare workers play in caring for others. But we often overlook the fact that those who work in medical facilities, whether as physicians, nurses, or other medical support staff members, frequently suffer injuries themselves, while helping others.
If you are a healthcare worker at one of Wilkes-Barre’s hospitals, long-term care centers, or any type of medical facility, […]
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PA passes Kevin’s Law, increases penalty for hit and run
State legislators passed a bill yesterday to strengthen Pennsylvania’s hit-and-run law. Kevin’s Law was named in honor of Kevin Miller from Dallas, PA, a 5-year-old boy killed by a hit and run driver as he crossed the street with his family in Wilkes-Barre four days before Christmas in 2012. Kevin Miller’s family, along with more than 60 local residents, traveled to the state capital yesterday to show support for passage of the law.
The original law carried only a mandatory minimum one-year in jail. Under the law change, the penalty for those who flee fatal crashes will be increased to a mandatory minimum of three years in prison. Kevin’s Law, amended into Senate Bill 1312, makes the penalty for fleeing the scene of a vehicular homicide the same as homicide by vehicle when drunk.
Alcohol is often a factor in these crashes, and pedestrians are often the victims, […]
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How Does a Personal Injury Lawsuit Work?
Most people never think about what it takes to file a lawsuit until the time comes. If you have never had to take part in a personal injury lawsuit, you probably don’t know exactly what to expect. How does a personal injury lawsuit work? The entire process can be intimidating or confusing when it is unfamiliar. You likely have a lot of questions.
Your personal injury lawyer from Munley Law Personal Injury Attorneys will be by your side every step of the way, but you still should have an understanding of how the process works. In truth, every case is different, and some are more complex than others. But, there are certain elements that will remain consistent in most lawsuits. Consider this your guide to personal injury lawsuits and how they work.
Why File a Personal Injury Lawsuit?
First, why file a personal injury lawsuit? […]
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What Happens When Someone Dies in a Crash?
When someone you love dies in a collision, you need someone who will fight for your family
Get justice after a loved one dies in a fatal crash
It is the call every family member dreads. While we all hope that it will never be us or our loved ones, 6 million Americans crash every year. 3 million suffer serious injuries from their accidents. Each day, 90 people die in collisions on America’s streets, roads, and highways. In the wake of a fatal crash, the victim’s family members must pick up the pieces while simultaneously grieving the person they lost. However, most people do not know what to do. As a result, the car accident lawyers at Munley Law Personal Injury Attorneys explain what happens when someone you love dies in a car crash.
Do you have questions about an accident? […]
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Bethlehem Bike Accident Lawyer
Our Bethlehem Bicycle Accident Lawyers Will Fight For Your Rights
With dozens of biking trails in Bethlehem, many outdoor enthusiasts pedal to enjoy the Lehigh Valley. Unfortunately, this also leaves room for injuries to occur. If you or a loved one were injured in a bike accident in Bethlehem or the surrounding areas, Munley Law is here to help.
Even with laws in place to protect vulnerable road users like cyclists, a bicycle is still no match to a passenger vehicle. With more than 60 years of experience protecting Pennsylvania’s injured, the Bethlehem bicycle accident attorneys of Munley Law understand the intricacies of personal injury law and the long-term struggles you have ahead of you following an accident.
For a no-obligation, free consultation, contact the Bethlehem bike accident lawyers at Munley Law today.
Common Causes of Bike Accidents in Bethlehem
According to the Centers for Disease Control and Prevention (CDC), […]
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