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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Philadelphia Workers’ Compensation for Warehouse Workers
Helping injured warehouse workers in Philadelphia get the compensation they deserve
Warehouses are essential to keeping US businesses running. Grocery store chains, furniture and home improvement, food and beverage, pet food, pharmaceutical companies, e-commerce, and global retail giants all rely on warehouse workers to safely and efficiently store, move, receive, and ship their goods.
Philadelphia is located on the busy I-95 trucking corridor, having access to an international airport, rail service, and with one of the largest shipping ports in the country, the Port of Philadelphia, Philly is a popular location for businesses seeking to build private warehouses or to rent space and hire help with existing warehousing operations.
Warehouses are the perfect environment for work accidents and injuries. According to a recent Bureau of Labor Statistics report, the warehouse and transportation sector is one of the most dangerous industries for workers in the country. […]
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Truck Drivers and Truck Accidents
The truck accident lawyers at Munley Law Personal Injury Attorneys have represented truck drivers from all over the country.
Truck drivers face a higher risk of highway accidents than other drivers, and a far higher risk of workplace injury and death than the national average. When a truck driver gets into an accident with another truck driver or a passenger vehicle, they may experience severe injuries as well. Since truck driving is a job for many, truck drivers may not know what their steps should be to get compensation for their injuries.
If you are a truck driver who has been hurt on the job, contact a truck accident lawyer at Munley Law Personal Injury Attorneys. We have represented truckers from all over the country who have suffered due to a work-related accident. Our consultation is free, and we never charge a fee unless we win your case, […]
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Delivery Truck Accident Lawyer
Our Delivery Truck Accident Attorneys Will Fight For Your Rights
It’s not hard to imagine why a collision between a passenger vehicle and a delivery truck can be a horrifying and hugely damaging incident. Even a relatively small truck is significantly larger and heavier than a passenger vehicle, which puts the members of the smaller vehicle at great risk if a truck accident does occur. In fact, data shows that in accidents between trucks and passenger vehicles, the driver and occupants of the truck are far less likely to be hurt.
If you or a loved one has experienced the trauma of a delivery truck accident, a delivery truck accident lawyer at Munley Law Personal Injury Attorneys is here to help. There’s no way to undo the pain you’ve experienced, but there is a way to seek both justice and compensation for your suffering. Our truck accident lawyers will fight tirelessly to protect your rights in the wake of your accident. […]
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Unsecured Cargo Truck Accident Lawyer
A fully loaded truck carrying unsecured cargo can be a recipe for disaster. If the load a tractor trailer is carrying is not properly secured, all it can take is a bump in the road for the cargo to become loose and fall on to the road or crash into any vehicles driving behind the truck. It can cause a terrible accident that can cause severe injuries and result in someone’s death.
If you or a loved one was injured in an accident caused by a tractor trailer’s unsecured cargo, now is the time to act. Contact the unsecured cargo truck accident lawyers at Munley Law Personal Injury Attorneys to learn more about your legal options.
How Often Does Unsecured Cargo Cause an Accident?
When we think of a truck accident, we may think of something like a jackknifing truck. However, unsecured cargo causes thousands of crashes each year. […]
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Truck Drivers Speeding
How Dangerous is a Speeding Truck Driver?
Accidents involving trucks and tractor-trailers can be pretty severe. According to the Pennsylvania Department of Transportation, there are almost 7,000 truck and tractor-trailer crashes in the state every year. Between 100 and 200 of these accidents result in fatalities annually.
The severity of these accidents is not surprising because commercial large vehicles are heavier than passenger vehicles. When the weight of the truck is combined with high speed, the outcome can be quite tragic.
This is why people who are involved in accidents with large commercial vehicles tend to suffer significant injuries. The authorities know this too. The Commonwealth of Pennsylvania has capped the upper-speed limit for all vehicles at 70 miles per hour for good reason. Even then, the maximum speed limit in Pennsylvania can be adjusted to account for road and weather conditions. […]
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