Claim

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

Who Pays Worker Compensation Claims in Pennsylvania? Complete Payment Responsibility Guide

If you’ve been injured at work in Pennsylvania, one of your first concerns is probably who will pay for your medical bills and lost wages. The simple answer is that Pennsylvania employers pay 100% of workers’ compensation costs, and you will never receive a bill for any work-related injury treatment or benefits. Three different funding systems ensure your benefits are paid regardless of your employer’s size or financial situation, and understanding who pays helps you know what to expect and when problems might require legal help.

This comprehensive payment system was established by Pennsylvania’s Workers’ Compensation Act of 1915 to protect workers from financial hardship after workplace injuries. Whether your employer has two employees or two thousand, they are legally required to provide coverage that pays all your medical expenses and replaces a portion of your lost wages. The system is designed to give you peace of mind, […]

How Can I Prove My Pain and Suffering?

The effects of an accident, whether it is a car wreck, slip and fall, medical error, or workplace accident, can have lasting effects on the victim. Debilitating physical injuries and emotional trauma can plague the victim for years to come.

Pain and suffering refers to physical discomfort and emotional toll the victim faces after an accident. These “non-economic damages” accompany the victim after an injury and can include physical pain, discomfort, mental anguish, inconveniences, and emotional distress.

Pain and suffering claims tend to be a bit more complicated than a regular injury claim. You will need a team of pain and suffering lawyers behind you in order to prove you are owed compensation for your trouble. This is where the personal injury lawyers at Munley Law Personal Injury Attorneys come in. They have a deep knowledge of Pennsylvania law and insurance policies and will fight for the proper amount of compensation for your pain and suffering following an accident. […]

Does Workers’ Compensation Affect Future Employment?

Workers’ Comp Should Not Impact Employment

According to the Bureau of Labor Statistics and the Insurance Information Institute, on average, there are 3.4 workers’ compensation claims filed for every 100 full-time employees. With workers’ compensation claims being rather common, one may wonder, does workers’ compensation affect future employment?

The answer is no, it should not. Because employees who are hurt on the job are legally permitted to collect workers’ comp, a future employer cannot hold it against you for the injury or the collection of benefits.

Regardless, employees want to know how workers’ comp laws protect them in their future employment. Here, our workers’ compensation lawyer explains what you can do to protect yourself now and in the future.

What Does Workers’ Compensation Law Say About Getting Hurt on the Job?

In the United States, each state regulates its own workers’ […]

When Should a Philadelphia Personal Injury Lawyer Be Used?

Injured Due to Negligence? A Philadelphia Personal Injury Lawyer Can Help

A personal injury lawyer should be used anytime there is an injury, either physical or emotional, resulting from possible negligence. If you’re asking “when should a Philadelphia personal injury lawyer be used?” the answer could be many different scenarios. This might look like a lot of different situations ranging from a car or truck accident to slipping and falling on a construction site.

Many different types of accidents might necessitate the use of a Philadelphia personal injury lawyer. Think bus (SEPTA) accidents, slip and fall accidents, car accidents resulting in injuries, and construction site dangers that resulted in harm to you or one of your loved ones.

At Munley Law Personal Injury Attorneys, we work on a contingent basis. We only get paid if we win your case. […]

How Much Are Lawyer Fees for a Personal Injury Lawyer in Philadelphia?

Understanding Personal Injury Lawyer Fees

If you’ve been injured in an accident, the last thing you should be stressing about is how to pay for a personal injury lawyer. If you’re wondering “How Much Are Lawyer Fees for a Personal Injury Lawyer in Philadelphia?” the answer could be different depending on your choice of lawyer. Typical fees for an experienced personal injury lawyer generally fall into two types: hourly basis and contingency basis.

At Munley Law Personal Injury Attorneys, we work on a contingency fee basis. That means our Philadelphia personal injury attorneys don’t get paid unless we win you financial compensation. It’s important to us that the injured who need to file personal injury claims don’t have undue stress. If you’ve been injured due to someone else’s negligence, contact us today for a free consultation.