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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Workers’ Compensation for Neck and Back Injuries
Workers’ Compensation for Neck and Back Injuries in Pennsylvania
Injuries to your neck and spine can be serious, and if they happened during an accident at work, the workers’ comp lawyers at Munley Law Personal Injury Attorneys can help you get what you deserve.
According to the Pennsylvania Department of Labor and Industry, neck and back injuries made up 14% of workplace injuries in the state in 2019. That’s 24,057 incidents of neck or back injuries while on the job. Even more than the numbers, injuries to the neck and back can involve the spinal cord, making the consequences severe. Serious injuries can happen in a variety of workforces. However, statistics show the construction industry is particularly hard hit when it comes to neck and back injuries.
Workers’ comp cases can be difficult to navigate, particularly for serious occurrences that cause neck and back injuries. […]
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Expert Witnesses in Medical Malpractice Cases
What Does an Expert Witness Do in a Medical Malpractice Case?
While each medical injury is different, all medical malpractice lawsuits require expert witnesses. Experienced medical malpractice lawyers, like our award-winning team at Munley Law Personal Injury Attorneys, know when and how to use a good expert witness. If you are planning on filing a claim in a Pennsylvania court, then make sure you understand these points about experts.
Why Do I Need an Expert Witness in My Medical Malpractice Claim?
There are several reasons why medical malpractice plaintiffs need expert witnesses.
The Certificate of Merit
First, in Pennsylvania, all med mal plaintiffs must file a “Certificate of Merit.” The purpose of this document is to protect doctors and other medical practitioners from frivolous lawsuits. An expert witness must sign the Certificate of Merit to verify that the expert:
- Reviewed the case
- Believes there is a basis to conclude that the doctor’s care, […]
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What to Do After a Car Accident
After a car crash, you need to know what to do
The nation’s leading accident lawyers explain what steps you should take after a collision
There are 6 million roadside collisions in the United States every year. However, despite the fact that we hear about car and truck accidents every day, we never think it will be us. As a result, many drivers and pedestrians find themselves unprepared when they suffer a crash. How accident victims react in the seconds, minutes, hours, days, and weeks after their crash creates lasting effects. Doing the right thing or the wrong thing can majorly impact whether and how much you can recover for your injuries. As such, our experienced car and truck crash lawyers explain exactly what to do after a roadside collision.
If you’d like to discuss the specifics of how to handle your accident case, […]
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Workers’ Compensation and Head Injuries
Workplace head injuries can turn your life upside down in an instant. Between 2003 and 2008, head injuries accounted for 22% of all work-related injury fatalities and 46% of work-related fatal falls. Head injuries are particularly serious because they can affect your brain function, personality, and ability to work — sometimes temporarily, sometimes permanently.
At Munley Law, we understand the challenges you and your family face after suffering a workplace head injury. Medical bills pile up while you’re unable to work, and navigating the workers’ compensation system can feel overwhelming.
In this article, we are going to guide you through understanding head injury workers’ compensation in Pennsylvania, the benefits you’re entitled to receive, typical settlement amounts, and how to ensure you get the maximum compensation for your injury. For more questions, call 844-792-2582 to speak to an experienced workers’ comp head injury lawyer during a free consultation. […]
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Workers’ Compensation Denial & Appeals
Workers’ Compensation Denial & What You Can Do
If you have received a denial letter for your workers’ compensation claim, it could be for several different reasons. Your employer may deny responsibility for your injury, the insurance company may suspect you have a pre-existing condition, or it may be a simple error with your paperwork. Whatever the reason, if you have been injured at work, you may be able to appeal the denial.
It’s not uncommon for workers’ compensation claims to be denied. This is where a workers’ comp lawyer can help. You are entitled to workers’ compensation benefits when your work duties result in an injury or illness, or aggravate a previous ailment. Benefits include medical bills and lost wages. Contact a work injury lawyer at Munley Law Personal Injury Attorneys for help appealing your denied claim.
