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
Experienced Workers’ Compensation Lawyer for Head Injuries
If you have experienced a head injury while on the job, you may be entitled to workers’ compensation. From medical bills to lost wages, recover what is owed to you with an experienced workers’ compensation lawyer by your side.
According to the Pennsylvania Department of Labor and Industry, head injuries made up 12% of workplace injuries in the state in 2019. That’s 20,706 incidences of head injuries while on the job.
While serious injuries can happen in a variety of workforces, the construction industry is particularly hard hit when it comes to head injuries. According to OSHA, the construction industry is one of the most dangerous occupations in the U.S. Falls, crushing injuries, and equipment-related accidents can seriously injure Pennsylvania workers.
These cases can be difficult to navigate, particularly for serious occurrences that cause head injuries. […]
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Workers’ Compensation and Dealing with Doctors
A Workers’ Compensation Lawyer Can Help You Navigate Doctors and Treatment
A doctor can have a huge impact on your workers compensation claim, and you’ll want an experienced workers’ compensation lawyer on your side to help you navigate the process. After you suffer a workplace injury and file a workers compensation claim, your insurance company will send you to a company-approved doctor for an exam. This doctor will give you an Independent Medical Exam (IME), and is meant to be a neutral third party who can assess your injuries.
However, these doctors are still hired by the insurance company, so you need to be wary. Their intentions might not be the most altruistic in helping you seek help for your injuries. Insurance companies are not quick to hand out compensation for injuries, and these doctors are another way for them to deny your claim. […]
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