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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Pittsburgh Workers’ Compensation Death Benefits
Pittsburgh death benefits attorneys at your side
Famous for our steel mills, Pittsburgh is still a steel city but it has also established itself as a busy technology hub with major industry players such as Google, INTEL, Apple, and Facebook making a home in Pittsburgh. There are more than 1 million people employed across a dizzying variety of industries and sectors in Pittsburgh. Workers in Pittsburgh are the heart of its success, popularity, and the region’s economy. So when someone is hurt at work, they should know they can count on workers’ compensation benefits to help get them back on their feet.
However, sometimes, an injury from an accident at work or from an occupational illness can be so serious that it leads to the death of the injured or sick employee. When this happens, the deceased worker’s family deserves compensation in the form of death benefits provided by the same workers’ […]
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Carbondale Catastrophic Injury Lawyer
We help those who have suffered catastrophic injuries. Call our Carbondale catastrophic injury lawyers today.
Any time an act of negligence causes an injury, the victim deserves justice. But in the event of a catastrophic injury, the stakes are even higher. Catastrophic injuries often occur suddenly and without warning. They can change your life for a long time, even permanently. They can prevent you from working and from living your life. A catastrophic accident can place an incredible strain on you and your entire family. But you can take your life back by filing a catastrophic injury lawsuit.
The Carbondale catastrophic injury lawyers at Munley Law can help you. We have been helping people in Carbondale since 1959. Unlike most personal injury law firms, we dedicate a significant portion of our practice to cases involving catastrophic and life-threatening injuries. When it matters most, […]
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Carbondale Pedestrian Accident Lawyer
Helping Victims of Pedestrian Accidents in Carbondale
When it comes to car accidents, pedestrian accidents can be the most devastating. Pedestrian collisions with motor vehicles represent 17% of crash fatalities, as of 2020. Victims who do survive must often go through a long and costly recovery period and may be left with permanent disabilities. Even when you take every precaution you can as a pedestrian, you may still find yourself the victim of a negligent driver.
If you or a loved one have been hit by a truck or car as a pedestrian, you need an experienced attorney in your corner. At Munley Law, our injury lawyers in Carbondale have the proven skill and extensive experience to help you recover damages from your pedestrian accident. We can work with you to obtain the compensation you need to pay medical bills, […]
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Carbondale Lyft Accident Lawyer
Lyft Accident Lawyer in Carbondale
Rideshare services like Lyft are a modern convenience and a popular alternative to public transportation. When you need a ride, Lyft can pick you up. But if you get into an accident in a Lyft, they might leave you to fend for yourself. A Lyft accident lawyer can make sure you get the help you need and the compensation you deserve from the at-fault parties, including Lyft.
Because Lyft considers itself a tech company (not a transportation company) and its drivers are independent contractors (not employees) it can be difficult to hold the company accountable for its drivers’ actions. But if you find yourself in this situation, you don’t need to worry – fighting for victims’ rights is what we do best.
Since 1959, Munley Law has fought for the legal rights of people in Carbondale and throughout Pennsylvania. […]
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Philadelphia Workers’ Compensation Death Benefits
Benefits are available to help protect your family’s future
Pennsylvania workers’ compensation death benefits provide financial support to families affected by the death of a loved one in a work-related injury or due to a work-related illness.
If you have lost a spouse or loved one due to a work injury or an occupational illness that they contracted during the scope of their regular job responsibilities in their Philadelphia workplace, you may be entitled to file for a claim to receive death benefits from their employer’s workers compensation insurance.
The Pennsylvania Workers’ Compensation Act requires that all PA employers carry workers’ compensation insurance for all of their employees. Workers compensation insurance covers all full time, part time and seasonal employees from the first day of their employment.
If you have lost a loved one in a tragic work-related accident or due to a sudden onset or long-term occupational disease, […]
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