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: Specific Loss Benefits
What Are Specific Loss Injuries?
Workers’ compensation coverage is PA state-mandated insurance for employees created by the Pennsylvania Workers Compensation Act. This insurance is a safety net for workers who become injured or sick as a result of job-related duties. Workers’ compensation benefits cover medical expenses due to the injury or illness and lost wages from work missed due to the injury and recovery.
While workers comp covers lost wages due to missed work, if you have suffered an injury that results in the loss of a body part or loss of function of that body part or permanent disfigurement, you may be entitled to collect a special kind of Pennsylvania workers compensation insurance known as Specific Loss insurance and this compensation is available to injured workers even if you are able to return immediately to work.
If you are a worker in Philadelphia and you have suffered serious and permanent disfigurement, […]
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Pittsburgh Workers’ Compensation: Specific Loss Benefits
Disfigurement and Specific Loss Benefits
If you have suffered a catastrophic injury at work resulting in permanent disfigurement, scarring, or loss of the use of a limb or body part, you need to know that you may be entitled to compensation.
The Pennsylvania Workers’ Compensation Act mandates employers carry workers’ compensation insurance. Workers’ compensation benefits cover medical treatment costs incurred due to a work-related injury. Workers’ compensation insurance also provides some financial relief in the form of wage loss benefits for work that is missed due to the injury and recovery.
Specific loss benefits are less common but just as important. If you are a worker in Pittsburgh and you have lost a limb, or another body part, amputation, loss of most of or all of the use of a body part including permanent vision and hearing loss you may be entitled to specific loss payments. […]
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Carbondale Wrongful Death Lawyer
Unfortunately, thousands of people are killed each year in accidents in Pennsylvania. This means there are thousands of families left in the wake of accidents. And these family members may be facing emotional distress as well as financial struggles.
When a family member’s death in Carbondale was caused by someone else’s negligence, you may be able to seek compensation on their behalf in a wrongful death lawsuit. The Carbondale wrongful death lawyers at Munley Law have handled wrongful death and other personal injury lawsuits for over 60 years. If your family member was killed in an accident, call us for a free, no-obligation consultation. We will answer your questions and advise you of your legal rights.
What Is Wrongful Death?
Wrongful death occurs when a loved one dies due to the negligence or intentional act of another person. When this happens, […]
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How Much Do I Get From Workers’ Compensation?
In the aftermath of a workplace accident, most people feel anxiety about their finances. Between expensive medical care and missed work, many might worry about how to make ends meet. If you have been involved in a workplace accident, Munley Law Personal Injury Attorneys expresses its most sincere condolences. From dealing with hundreds of worker’s compensation claims, we are aware that these can be particularly trying times in any professional’s life.
While you are healing, we hope that our deep expertise in litigating workers’ compensation claims can make this difficult time a little easier. Winning the outcome that you deserve can go a long way toward improving your recovery and reducing the financial pressure you are under. Please reach out to our workers’ compensation lawyer today for a free consultation. We look forward to putting our expertise to work for you.
What is Workers’ […]
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What is Strict Liability Law?
How Does Strict Liability Affect My Personal Injury Claim?
There are many personal injury cases that benefit from the strict liability law doctrine, also known as liability law. When the strict liability law doctrine is applicable, victims can seek out a personal injury claim without the emotionally exhausting task of establishing the responsible person(s) or company‘s proof of negligence, intention, or carelessness. Strict liability law only demands the evidence that shows harm or danger was inflicted upon the party seeking compensation, and that the accused committed it.
If you think that you have a personal injury case, or should you have questions about filing your case, contact a personal injury lawyer at Munley Law for a free consultation – we have over 60 years of experience, a successful track record, the resources, the knowledge, and the nationally recognized team to get you the compensation that you are entitled to. […]
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