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
Reading Workers’ Compensation Death Benefits
What happens when a loved one dies as a result of a work accident?
The death of a loved one is devastating and life-changing. When a loved one is fatally injured as a result of a work-related accident or a disease or long-term illness caused by working conditions, it can be even more difficult. In addition to dealing with your grief, you are now grappling with mounting medical bills, funeral expenses, the loss of your loved one’s paycheck, and questions about the fatal accident that cost your loved one’s life.
Could their death have been prevented with better safety protocols or better training or protective equipment? Is their employer’s negligence to blame for the death of your family member?
If you have lost a loved one to a work accident or occupational illness, you may be eligible to claim death benefits to cover lost wages for the deceased worker as well as receive benefits to recover funeral expenses. […]
Read MoreMore information about Claim
Reading Workers’ Compensation: Specific Loss Benefits
A work injury can be devastating to you and your family. Missed work for recovery, medical visits, and the mountain of medical expenses related to your injury can lead to anxiety and fear for the future.
When you are hurt at work in Pennsylvania, you have a financial safety net called workers’ compensation insurance. Under Pennsylvania law, almost all employers in the commonwealth are required under the PA Workers Compensation Act to carry workers’ compensation insurance for all of their employees. Most employees, full-time, part-time, and even seasonal workers are eligible to receive workers’ compensation benefits for a work-related injury or illness.
Many different types of injuries are covered by PA workers’ compensation laws, including when a specific part of the body is hurt even when that injury does not cause you to miss work.
Injuries that cause loss of use of a body part, […]
Read MoreMore information about Claim
Pittsburgh Workers’ Compensation Death Benefits
Pittsburgh death benefits attorneys at your side
Famous for our steel mills, Pittsburgh is still a steel city but it has also established itself as a busy technology hub with major industry players such as Google, INTEL, Apple, and Facebook making a home in Pittsburgh. There are more than 1 million people employed across a dizzying variety of industries and sectors in Pittsburgh. Workers in Pittsburgh are the heart of its success, popularity, and the region’s economy. So when someone is hurt at work, they should know they can count on workers’ compensation benefits to help get them back on their feet.
However, sometimes, an injury from an accident at work or from an occupational illness can be so serious that it leads to the death of the injured or sick employee. When this happens, the deceased worker’s family deserves compensation in the form of death benefits provided by the same workers’ […]
Read MoreMore information about Claim
Carbondale Catastrophic Injury Lawyer
We help those who have suffered catastrophic injuries. Call our Carbondale catastrophic injury lawyers today.
Any time an act of negligence causes an injury, the victim deserves justice. But in the event of a catastrophic injury, the stakes are even higher. Catastrophic injuries often occur suddenly and without warning. They can change your life for a long time, even permanently. They can prevent you from working and from living your life. A catastrophic accident can place an incredible strain on you and your entire family. But you can take your life back by filing a catastrophic injury lawsuit.
The Carbondale catastrophic injury lawyers at Munley Law can help you. We have been helping people in Carbondale since 1959. Unlike most personal injury law firms, we dedicate a significant portion of our practice to cases involving catastrophic and life-threatening injuries. When it matters most, […]
More information about Claim
Carbondale Pedestrian Accident Lawyer
Helping Victims of Pedestrian Accidents in Carbondale
When it comes to car accidents, pedestrian accidents can be the most devastating. Pedestrian collisions with motor vehicles represent 17% of crash fatalities, as of 2020. Victims who do survive must often go through a long and costly recovery period and may be left with permanent disabilities. Even when you take every precaution you can as a pedestrian, you may still find yourself the victim of a negligent driver.
If you or a loved one have been hit by a truck or car as a pedestrian, you need an experienced attorney in your corner. At Munley Law, our injury lawyers in Carbondale have the proven skill and extensive experience to help you recover damages from your pedestrian accident. We can work with you to obtain the compensation you need to pay medical bills, […]
Read More
