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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Your Guide to Filing a Lawsuit
Munley Law Personal Injury Attorneys Personal Injury Lawyers’ Guide to Filing a Lawsuit
If a company or person has acted in negligence and caused you serious injury, you may file a lawsuit in order to obtain financial compensation from the at-fault party. But filing a lawsuit can be a challenging task. Any slight mistake can cost you the compensation that you deserve or cause further damages. That’s why you need the proper guidance and an experienced team of attorneys.
Below, we will explain what it means to file a personal injury lawsuit and how to increase your chances of winning.
What does it mean to file a lawsuit?
A lawsuit is a formal legal case that you or your lawyer files with the court. Filing a lawsuit involves telling the court that the defendant acted negligently and hurt you (the plaintiff). […]
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What is the Coming and Going Rule in Workers’ Comp?
Workers’ Comp Coming and Going Rule: How it Affects Your Claim
Workers’ compensation is insurance that provides financial aid to employees to cover the medical expenses and lost wages due to work-related illnesses, diseases, and injuries. The Pennsylvania Workmen’s (Workers’) Compensation Act was enacted in 1915 and is mandatory for most employers across the state. The insurance is meant to benefit both the employee and the employer, protecting the employee in cases of illness and injury on the job, and the employer from being sued for such cases. Compensation is roughly 66% of the employee’s average weekly wage.
There is an exception, however, to workers’ comp. It’s called the Going and Coming Rule.
What is the Going and Coming Rule?
According to DMV.ORG, the Going and Coming Rule is when an employee gets into an accident and/or is injured commuting either to or from work. […]
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Pennsylvania Bicycle Safety Laws
Pennsylvania Bicycle Laws: Everything You Should Know
Over the years, one of the biggest threats to public safety is road accidents. According to the Pennsylvania Department of Transportation (PennDOT) secretary, one life lost is one too many, and the organization is working towards zero deaths.
Sadly, however, the number of traffic accident fatalities remains startling. Though there was a record low of 1,059 deaths in 2019, the number rose to 1,129. Among the most vulnerable to such crashes are cyclists.
Though there was a decrease in bicyclist injuries from 1,003 in 2019 to 799 in 2020, the number of fatalities rose from 16 to 22. For the lucky ones, they walk away from such incidents with minor injuries. But for some, it’s not the case.
Due to the evident disadvantage cyclists have, a bicycle crash with a vehicle can result in severe injuries. […]
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Does Workers’ Compensation Cover Seasonal Workers?
Does Workers’ Compensation Cover Seasonal Workers?
Businesses supplement their staff in peak seasons like summertime and winter holidays by hiring seasonal employees. As the workforce grows, coverage requirements evolve, including workers’ comp seasonal employees’ demands.
The Pennsylvania Minimum Wage Act doesn’t give a clear distinction between full-time, part-time, seasonal, and temporary employees. Some employers provide more benefits to full-time staff than other workers.
So, what happens if you are a short-term employee and you sustain a work-related injury or illness? This post explains how the Pennsylvania Workers’ Compensation Act protects seasonal workers.
Workers’ Compensation Coverage for Seasonal Employees
Pennsylvania worker’s compensation covers nearly all workers, including part-time, temporary, and seasonal employees. Employers like corporations, nonprofits, unincorporated businesses, and even entities with just one employee must provide workers’ compensation coverage.
However, […]
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Wayne, PA Personal Injury Lawyers
If you or your loved ones have been injured in Wayne, Pennsylvania, due to another person’s actions, you may be able to recover financial compensation for your injuries. This process is part of personal injury law. Munley Law Personal Injury Attorneys is a personal injury law firm that has been trusted by many Wayne residents to pursue their claims and get justice for their injuries.
Filing a personal injury claim or lawsuit against another person or entity can be complicated and time-consuming. When pursuing compensation, it is therefore vital to have an experienced personal injury lawyer by your side. At Munley Law Personal Injury Attorneys, our Pennsylvania personal injury attorneys know what insurance companies may try to do to get out of paying a claim. We will protect your rights and fight for what you deserve.
Munley Law Personal Injury Attorneys is a family firm, […]
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