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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Is Workers’ Compensation for Independent Contractors Available?
When you are an independent contractor you have more flexibility and the potential to earn more than workers who make a straight salary working for a single employer. And while there are obvious benefits, you know from experience that with the flexibility and extra earning capacity that comes with working for yourself, there are added anxieties and responsibilities.
When you work for yourself, you have a lot of freedom but also a lot to think about, prepare for and worry about.
When you work for yourself and you sustain a work-related injury or illness, you may wonder how you can afford your medical bills or how you’ll get paid for missed time from work. Fortunately, if you have Pennsylvania workers’ compensation insurance, those benefits can provide necessary financial support while you recover.
Independent contractors work in every US business sector
According to an article by Business New Daily, […]
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How Long Does it Take to Resolve a Personal Injury Case?
Know what to expect and how to navigate your personal injury case
If you or a loved one has been injured in an auto, workplace, medical malpractice, or other catastrophic accident, the physical, emotional, and financial strains often feel as if they surmount at an exponential rate. Time seems to be of the essence and efforts to expedite your claim may prove to shortchange you of what you are entitled to, should you not be well-informed of common practices that can minimize your settlement. All personal injury cases are not created equal; there are many variables that can
influence the timeline of a personal injury case, and a trustworthy, experienced, and successful lawyer will never profess a guaranteed timeline. Esteemed personal injury attorneys can commit to resolving your case in the most efficient and effective way; our personal injury lawyers have spent decades fighting against culpable businesses and insurance companies in Pennsylvania and we will get you what you deserve. […]
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Reading Workers’ Compensation and Third Party Claims
What is a Third Party Claim?
Workers’ compensation claims are specific to your employer’s workers’ compensation insurance and only cover your medical bills and lost wages. If you qualify for specific loss or death benefits if you are a dependent of a loved one who has lost their life due to a work injury, those are covered as well by workers’ comp insurance.
When you file a third-party personal injury claim, however, you can receive financial compensation for damages such as:
- Pain and suffering related to the injury or illness
- Wrongful death and loss of consortium in the event of a fatal injury or disease
- Cost of mental health treatments
- Punitive damages, ie financial damages designed to punish the responsible party for their recklessness or negligence
If your injury or occupational disease was caused by someone other than a co-worker or your employer, […]
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Wilkes-Barre Fatal Truck Accident Lawyer
Our Wilkes-Barre Fatal Truck Accident Attorneys Can Get You Justice
Truck accidents are some of the most destructive types of crashes that happen in Wilkes-Barre. Far too often, these truck crashes result in loss of life. A fatal truck crash can upend the lives of surviving family members and leave you devastated, looking for answers, and wanting justice. No amount of money can make up for the sudden loss of a beloved family member, but a lawsuit can hold the at-fault party accountable for their actions and bring you some future security so that financial burdens do not interfere with your ability to honor your loved one’s memory in peace.
If someone you love was killed in a fatal truck accident in Wilkes-Barre, contact the Wilkes-Barre truck accident lawyers at Munley Law. Our compassionate team of legal experts will answer your questions, […]
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What Should I Do After Getting Injured While on the Job?
Pennsylvania Workplace Injury Lawyers
If you’ve been injured on the job, you’re likely wondering what to do next. If you are considering filing a workers’ compensation claim in Pennsylvania, call the workers’ compensation lawyers at Munley Law today to schedule a free consultation. Our experienced team of professionals can help guide you through the workers’ compensation process. With Munley Law, you can rest assured that your case is in good hands.
What Should I Do After Being Injured on the Job?
If you’ve been injured in the workplace and don’t know what to do next, you should take the following five steps in recovering from your injury, recovering compensation, and protecting your rights:
Step 1: Report Your Injury and Seek Medical Care
Reporting your injury to your employer is the first step in a successful workers’ […]
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