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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When is the Trucking Company Liable?
Know what criteria and laws fault trucking companies as the guilty party in a truck accident
If you or a loved one has been in a truck accident, chances are you are not sure whether or not the truck driver or the trucking company, or both, are ultimately responsible. Truck accidents are complex and multi-faceted; fault can range from broker liability to driver fatigue. Overwhelming, stressful events like this are best dealt with by consulting a truck accident lawyer who has a successful track record, and who has the resources and expertise to manage all the details of your particular case.
At Munley Law, our truck accident attorneys have decades of experience, are nationally recognized, and are experts at aggressively pursuing the justice and compensation that truck accidents deserve. Our team includes Daniel Munley and Marion Munley, nationally recognized as the top Pennsylvania trucking lawyers in the nation. […]
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Reading Workers’ Compensation FAQs
What is Workers’ Compensation?
Workers’ compensation is a state-sponsored insurance program that provides compensation for workers suffering injury or illness. Pennsylvania workers’ compensation was mandated in the 1914 Pennsylvania Workers Compensation Act as a safety net for individuals who become injured or sick as a result of job-related duties or conditions. Workers’ compensation benefits exist to pay for medical expenses and lost wages when you suffer a work-related injury, become ill, or aggravate an existing injury or disease while on the job.
All PA employers are obligated by the Commonwealth to carry workers’ compensation insurance for their employees. Most employees are covered by workers’ compensation regardless of their status as part-time or full-time and regardless of their immigration status. Whether you are a full-time, part-time, seasonal, or immigrant worker regardless of your immigration status who was injured or became sick while on the job, […]
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Fighting the Insurance Company After a TBI
Why You Need a Personal Injury Lawyer to Help Fight the Insurance Company After a TBI
We don’t often think about the brain and the hundreds of thousands, if not millions, of different ways we use it every day. But break down each part of your day into its component parts and you begin to see just how much your brain does for us.
Even making your morning coffee becomes a multi-faceted, complex operation your brain runs each and every day. Even more fundamental than that, your brain directs your body to do numerous things that we never even think about: it makes sure that you breathe, it tells your heart to beat, and it directs your body to digest the food that you eat.
So what happens when you or someone you love suffers a traumatic brain injury (TBI), […]
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When Should I Hire a PA Trucking Accident Lawyer?
If you are involved in an accident with a heavy truck, you are likely to be experiencing a mix of emotions–shock, confusion, and generally being overwhelmed with the process of recovery. You need to figure out medical care, time off work, motor vehicle repairs, and insurance.
With all the questions swirling around the aftermath of the accident, you may also wonder about whether you should hire a lawyer to help you with legal counsel through the process, and if so when. You may be tempted to put off that decision until you deal with your insurance first. However, especially in a serious truck accident, it can often be advantageous to hire a lawyer after the accident.
If you’re interested in hiring a Pennsylvania truck accident lawyer or wondering whether you should obtain legal counsel, don’t hesitate to give us a call. […]
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Bethlehem Dog Bite Lawyer
Did You Suffer an Injury After a Dog Bite in Bethlehem? Let Us Help
Dogs can be loyal companions, steadfast guards, and loving members of the family. If you get on the wrong side of a dangerous dog, however, they can also be terrifying attackers. Getting bitten by a dog can be a traumatic experience. In addition to the injuries suffered from a dog attack, you are likely to suffer severe emotional distress stemming from an attack by a vicious dog.
If you have suffered from a dog attack in Bethlehem, Pennsylvania, you need to be aware of your rights to recover compensation for both medical expenses and emotional distress. Dog owners in the Lehigh Valley are ultimately responsible for the actions of their animals and are required to make up for the injuries they cause. An experienced Bethlehem dog bite lawyer from Munley Law can be an invaluable resource in getting the compensation you deserve. […]
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