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.
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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Business Interruption Insurance
Business interruption insurance is designed to cover the loss of income normally earned by a business as a result of the forced suspension of operations. Unlike property insurance, which covers physical damage, business interruption insurance protects against lost income while the business is closed, and during the rebuilding period after the closing.
Given the current coronavirus pandemic, the Governor of the state of PA, along with governors in many states throughout the country, has issued a state-wide mandate requiring all non-essential businesses to close. As a result, businesses are looking to their business interruption insurance to help them survive.
Most business interruption policies will cover:
Profits that would have been earned, based on prior financial statements
Fixed costs still being incurred despite the closure
Extra expenses to allow the business to continue to operate until a return to more normal circumstances
Employee wages to allow you to retain your employees
Taxes to allow you to remain current on taxes and avoid penalties
Loan payments
When businesses are allowed to re-open, […]
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Commercial Drivers, COVID-19, and Workers’ Comp
We rely on truck drivers and commercial delivery drivers for the food, medicine, household supplies, and other goods we use every day. Never has that been more clear than now, as the U.S. battles the coronavirus pandemic. From personal protective equipment to groceries and toilet paper, we have what we need to survive all thanks to these drivers.
Trucking has always been a tough job, and that’s especially true in times of crisis. Drivers may wonder: will the pandemic affect my eligibility for workers’ comp if I get hurt? What are my options if I get sick with COVID-19 while working?
If you’re hurt on the job (in a crash, at the delivery location, loading or unloading your truck…), you have the right to collect workers’ compensation benefits, even during a national emergency. If you worry about your claim being denied by your employer or their insurance company, […]
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What happens if I’m injured at an Airbnb?
Airbnb stays becoming more common throughout Pennsylvania
Airbnb has grown rapidly over the last several years, including in Northeastern Pennsylvania; the Poconos have become an Airbnb hot spot. Monroe County was Airbnb’s third-most profitable county in Pennsylvania in 2019 behind Philadelphia and Allegheny (Pittsburgh). Hosts in Monroe County made nearly $19 million that year renting their homes to visitors and tourists. In addition, Airbnb listings are available from Scranton to Philadelphia, and all over the state.
As Airbnb becomes an increasingly popular way to book accommodations, guests should be aware of their rights in case something goes wrong.
While Airbnb’s website advertises a careful vetting process for hosts and provides home safety recommendations, the company cannot guarantee that the homes listed on their platform are free from hazards. Common injuries you may sustain at someone else’s home include:
- Slip and falls resulting in concussion, […]
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Property Damage from a Car Accident
Property Damage Claims After a Car Accident
One of the most common questions people ask after a car accident is: How can I get my vehicle fixed? Who is responsible for repairs? Do I need a lawyer?
If your vehicle sustained damage in the accident but you were not physically hurt, then, fortunately, you won’t need a personal injury lawyer. Property damage claims are usually faster and easier to resolve than personal injury claims. In fact, most property damage claims can be handled without an attorney. But we understand that getting your vehicle up and running again can be very stressful. Here’s what you can expect with a property damage-only claim.
Vehicle property damage claims may include:
- Repairs to your vehicle
- The market value of your vehicle if it is a total loss (totaled)
- Related costs such as vehicle rental and towing
In most cases, […]
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Zantac Lawsuits Claim Drug Caused Cancer
In September 2019, the FDA issued a warning that the drug Zantac contains a carcinogenic substance called NDMA.
Zantac is a heartburn and acid reflux medication containing the ingredient ranitidine. The FDA warning also applies to generic versions of heartburn medicine containing ranitadine. Ranitidine is available in prescription and over the counter versions.
What is NDMA?
NDMA (N-nitrosodimethylamine) is a chemical present in gasoline, fuels, and industrial lubricants. It is classified as a probable human carcinogen, or cancer-causing substance. The amounts of NDMA found in Zantac pills were 3,000-26,000 times higher than the legal limit. A 2016 study by Stanford University tested ten voluntary subjects and found that after just one 150mg dose of Zantac, users’ urine contained 490 times the FDA’s permissible daily intake of NDMA.
Has Zantac Been Recalled?
Zantac manufacturer Sanofi-Aventis LLC recalled Zantac OTC products in the U.S. […]
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