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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Who is Responsible for a Truck Accident in Wilkes-Barre?
Truck accidents are an unfortunate yet significant aspect of modern transportation, affecting countless lives and causing substantial economic losses each year. These accidents often result in severe injuries, fatalities, and extensive property damage, with consequences that extend far beyond the individuals directly involved. In this article, we will explore the complex nature of truck accidents, examining the factors that contribute to their occurrence, the types of accidents that are most prevalent, and the preventative measures that can be implemented to minimize their frequency and impact. By gaining a deeper understanding of truck accidents, we can work together to improve safety on our roads and protect the lives of drivers, passengers, and pedestrians alike.
Determining liability in truck accidents is a complex process, especially in a bustling city like Wilkes-Barre, where various factors can contribute to collisions. Identifying the responsible parties is crucial for victims seeking compensation and for ensuring that those at fault are held accountable. […]
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How Do Truck Accident Attorneys Establish Negligence?
Truck accidents are among the most devastating and life-altering events that occur on our nation’s highways. Due to the sheer size and weight of commercial trucks, these collisions often result in catastrophic injuries, extensive property damage, and, tragically, loss of life. Navigating the aftermath of a truck accident can be an overwhelming experience, as victims and their families face mounting medical bills, lost wages, and the emotional toll of recovering from such a traumatic event. In this complex landscape, truck accident attorneys play a pivotal role, providing much-needed guidance and expertise to help victims seek justice and compensation for their losses. Below we will explore the critical functions of truck accident attorneys, from investigating the causes of the accident to negotiating with insurance companies and, if necessary, litigating in court. By understanding the importance of truck accident attorneys and their role in these cases, […]
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What a Wilkes-Barre Truck Accident Lawyer Can Do For You
Truck accidents are a prevalent and often devastating type of roadway collision that can have far-reaching consequences for all parties involved. Due to the sheer size, weight, and power of commercial trucks, these accidents often result in severe injuries, extensive property damage, and even fatalities. As essential components of the global transportation system, trucks play a crucial role in the movement of goods and services, yet their presence on highways and roads also poses a significant risk to public safety. Truck accidents can occur for various reasons, including driver fatigue, mechanical failures, inclement weather, and human error. Understanding the causes, consequences, and legal implications of truck accidents is vital for both truck drivers and other motorists, as it helps promote a culture of safety and responsibility on the roads, ultimately reducing the number of tragic incidents and their impact on individuals and communities.
Truck accidents in Wilkes-Barre, […]
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Reading Workers’ Compensation Death Benefits
What happens when a loved one dies as a result of a work accident?
The death of a loved one is devastating and life-changing. When a loved one is fatally injured as a result of a work-related accident or a disease or long-term illness caused by working conditions, it can be even more difficult. In addition to dealing with your grief, you are now grappling with mounting medical bills, funeral expenses, the loss of your loved one’s paycheck, and questions about the fatal accident that cost your loved one’s life.
Could their death have been prevented with better safety protocols or better training or protective equipment? Is their employer’s negligence to blame for the death of your family member?
If you have lost a loved one to a work accident or occupational illness, you may be eligible to claim death benefits to cover lost wages for the deceased worker as well as receive benefits to recover funeral expenses. […]
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Reading Workers’ Compensation: Specific Loss Benefits
A work injury can be devastating to you and your family. Missed work for recovery, medical visits, and the mountain of medical expenses related to your injury can lead to anxiety and fear for the future.
When you are hurt at work in Pennsylvania, you have a financial safety net called workers’ compensation insurance. Under Pennsylvania law, almost all employers in the commonwealth are required under the PA Workers Compensation Act to carry workers’ compensation insurance for all of their employees. Most employees, full-time, part-time, and even seasonal workers are eligible to receive workers’ compensation benefits for a work-related injury or illness.
Many different types of injuries are covered by PA workers’ compensation laws, including when a specific part of the body is hurt even when that injury does not cause you to miss work.
Injuries that cause loss of use of a body part, […]
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