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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Proposed Law: Fine Truckers for Uncleared Snow, Ice
A law proposed by state Senator Lisa Boscola would impose fines on truck drivers who do not clear ice and snow from their vehicles before driving.
In the winter, it’s common to see chunks of ice and snow flying off the tops of large trucks as they go barreling down the highway. For drivers traveling behind these trucks, frozen projectiles can hit their windshields and obstruct their vision, or even cause damage. Or, drivers might swerve to avoid being hit, and get into an accident. The proposed bill has been re-introduced with safety in mind. In 2005, a woman from Jim Thorpe, PA, was killed when a chunk of ice dislodged and flew into her windshield.
Under the current law, truck drivers are only penalized if someone gets seriously injured or killed. Fines range from $200-$1,000 for each offense. […]
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What Not to Do After a Work Injury in Wilkes-Barre
Our Wilkes-Barre workers’ compensation lawyers already shared a few pieces of advice about what you should do if you are injured at work. But, it’s just as important to know what NOT to do in a workers’ compensation case. Here are some key things to make sure you avoid:
1. Don’t delay. The sooner you report your injury to your employer, the better. In Pennsylvania, the law requires that you notify your employer of a work-related injury within 120 days of the incident. But, it is in your best interest to report what happened immediately, even if you think your injuries are minor. What may seem like a minor incident can cause complications down the road, so it is best to have it documented.
2. Don’t lie. In a workers’ compensation case, it is crucial that you are honest with your employer and your doctor about your injuries and how they occurred. […]
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Auto Accidents Caused by Defective Roads
Sometimes it is the road that is at fault in an auto accident. Defective road conditions can cause a driver to lose control of his/her car, leading to an auto accident that can result in serious personal injury or death. But when the road is at fault, who is responsible for your injuries?
Roads in Pennsylvania are the responsibility of either the state or local municipalities. Although Pennsylvania’s Sovereign Immunity Act generally bars suits against the Commonwealth and other government entities, dangerous conditions on highways created by potholes, sinkholes or similar conditions are exempt from sovereign immunity.
The Pennsylvania defective road condition attorneys of [firm-name] believe that when hazardous road conditions lead to accidents, injury, or death, the responsible government agency and/or a private contractor that worked on the road should be held accountable. The victims of accidents caused by unsafe roads deserve full and fair compensation for their injuries and losses. […]
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Many states concerned over guardrail-related deaths and amputations
Last month, Missouri banned further installation of guardrail heads, joining Nevada who banned further purchases in January, followed by Massachusetts.
Lawsuits claim the guardrails were to blame for at least five deaths and many severe injuries, including loss of limbs, yet the Texas manufacturer, Trinity Industries, denies there is a problem.
The New York Times reported that although federal highway officials in Missouri had long insisted that the guardrails in that state were safe, apparently some guardrail heads had malfunctioned, turning the rails into spears when a car hit and injuring those inside, rather than cushioning the blow.
Although the Federal Highway Administration (FHA) continues to deny there’s a problem, the Daily Beast reported a 2012 email from a senior engineer at the FHA as saying that it’s “hard to ignore the fatal results” of the guardrails.
According to The New York Times, […]
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Mesothelioma Misdiagnosis Lawyers
Have You or a Loved One Had a Mesothelioma Misdiagnosis?
Mesothelioma diagnosis errors are estimated to cause over 500 deaths every year.
If you or a family member has suffered because of a doctor’s improper or missed diagnosis of mesothelioma, you may be able to recover your past and future medical expenses, lost income, and compensation for your pain and suffering, diminished quality of life or reduced lifespan, disability, and more. Please contact Munley Law Personal Injury Attorneys today to speak with a mesothelioma misdiagnosis attorney or call us at [phone-number]. We have offices conveniently located in Scranton, Wilkes-Barre, Philadelphia, and Carbondale, PA.
About Mesothelioma
A layer of specialized cells – known as mesothelial cells – lines the inside of the chest, abdomen, heart and the other surfaces of most of our internal organs. Mesothelium, the lining formed by the cells, […]
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