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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When Should I Settle My Workers’ Compensation Claim?
Understanding Workers’ Comp Settlements
Figuring out when to settle is probably the most important decision you’ll make during a workers compensation case, second only to the decision of how much to settle for. Often though, these questions are addressed in tandem, as negotiation between parties can result in multiple settlement offers. However, because each case is unique, there is no magic number or straightforward timeline for when and how much to settle for.
For advice personalized to your case, please reach out to us today for your free consultation. Our team at Munley Law Personal Injury Attorneys has over 60 years of experience with workers’ compensation cases, and have won a number of multi-million workers’ compensation settlements for our clients.
What is covered by workers’ compensation?
If you are a resident of Pennsylvania and were injured in a workplace accident, […]
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What is the Average Value for Workers’ Compensation Settlements?
Understanding Workers’ Compensation Settlements
The average value for a workers’ compensation settlement is $42,008. But for a few reasons, this is not a reliable ‘average’ value for a workers’ compensation settlement. Settlements can range from $2,000 up to $40,000, or even into the millions in rare cases. Because all injuries are different, the average payout is not the best gauge of how much you can expect to receive if you settle. For example, the medical expenses alone for an injury that requires surgical care will likely be much higher than injuries that do not require such corrective action. As such, there is no “one size fits all” settlement. In this article, we will walk you through the basics of workers compensation, the settlement and claims process, and finally break down settlements by injury type.
Please be advised that the information below is loosely general. […]
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Types of Injuries Covered by Workers’ Compensation
What Injuries are Covered under Workers’ Compensation?
Recovering from a workplace accident can be a particularly trying time in any professional’s life. Different from a regular accident, workplace accidents often involve heavy machinery, may be more serious, and come with a whole slew of legal ramifications. What’s more, as an employee, you must navigate your return to work, which can put strain on an already fractured relationship with your employer. If you or a loved one was harmed in a workplace accident, Munley Law Personal Injury Attorneys expresses its deepest sympathies.
From counseling hundreds of clients successfully through the workers’ compensation process, we can say that the best thing to do in the wake of a workplace accident is to try to remain calm. Focus on your recovery, and all of the other pieces will fall into place. For more information on what to do after an accident, […]
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Should I Hire a Lawyer for My Workers’ Compensation Claim?
How a Workers’ Compensation Lawyer Can Help
Workplace injuries are more common than one might think. Unfortunately, such accidents can affect workers in many different lines of work: truck drivers, warehouse and delivery personnel, and construction workers to name a few. In fact, in 2020, the Pennsylvania Department of Labor and Industry processed 1,272 workers’ compensation claims and distributed over $35 million in funding to those who were recovering from workplace accidents (Pennsylvania 2020 Annual Workers’ Compensation Report).
What’s more, recovering from a workplace injury can be a dark and difficult time in any professional’s life. If you or someone in your household was a victim of a workplace accident, you may feel anxious about how your accident will affect your ability to earn wages, intimidated by the lengthy claims process, or even overwhelmed by recovering from your injury. Munley Law Personal Injury Attorneys expresses its deepest condolences to any who were affected by a workplace accident. […]
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Four Types of Workers’ Compensation Benefits
What are the Different Types of Workers’ Compensation Benefits?
In the midst of a workplace injury, it is natural to feel overwhelmed. If you or a loved one was injured in a workplace accident, Munley Law Personal Injury Attorneys expresses its deepest sympathies. Recovering from an injury you suffer at work can be a challenging time. Between managing your health, navigating the claims process, and figuring out how to move forward with your employer, the last thing you need to do is waste energy worrying about what your workers’ compensation benefits will cover.
To demystify workers’ comp, we’re breaking down everything you need to know about your benefits. To learn more about when to hire a workers’ compensation lawyer, what types of injuries are most common, and how Munley Law Personal Injury Attorneys can serve you, read on. For more specific recommendations about your case, […]
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