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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Are Electric Scooters Legal In Pennsylvania?
Electric scooters, or e-scooters, have quickly become a popular mode of transportation on the roadways of many busy U.S. cities. They’re convenient, affordable, and an eco-friendly alternative to cars. Like e-bikes, companies like Lime and Bird provide low-speed e-scooter-sharing services in cities worldwide. But while electric scooters are legal in many other places, Pennsylvania has needed to catch up in getting on board.
Current Legal Status of Electric Scooters in Pennsylvania
Right now, Pennsylvania state law has strict rules regarding e-scooters. Pennsylvania has some hurdles, unlike some states, such as California, Texas, and Washington, where you can easily rent or own one and ride freely.
Pilot programs in some cities
Certain cities in Pennsylvania have started pilot programs to evaluate the potential impact of electric scooters, even though they still need to be fully legalized statewide. In places like Pittsburgh, companies can offer electric scooter rentals under strict rules and local laws that help city governments understand how scooters affect safety, […]
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How to Report Unsafe Working Conditions in Pennsylvania
If you’re working in Pennsylvania and you have discovered or you have been injured by unsafe conditions at work, you should know your rights and the steps you can take to protect yourself and your coworkers.
The workers’ compensation attorneys here at Munley Law firm have put together this guide to help you understand the laws that protect you, how to report any hazards you find, and what to do if you get hurt on the job.
Laws Pertaining to Unsafe Working Conditions in Pennsylvania
The Occupational Safety and Health Act (OSHA) of 1970 governs workplace safety at the federal level. In Pennsylvania, the state’s laws work in tandem with OSHA to ensure that employers provide safe working environments for their employees. Employers are legally required to identify and address workplace hazards and any safety violations to prevent accidents and injuries. […]
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Reading Erb’s Palsy Lawyer
At Munley Law, we understand the challenges parents face when their child suffers from birth injuries like Erb’s palsy. Our experienced Reading, Erb’s palsy attorneys specialize in birth injury cases, and can help your family recover the financial compensation you deserve.
What Is Erb’s Palsy?
Erb’s palsy, also known as brachial plexus birth palsy, is a condition that occurs when the nerves in a baby’s upper arm are damaged during birth. This injury affects the brachial plexus—a network of nerves responsible for movement and sensation in the shoulder, arm, and hand. Babies with Erb’s palsy may have weakness, loss of movement, or even paralysis in the affected arm. While some infants recover over time with therapy, others may face lifelong limitations.
Is Erb’s Palsy the Same Thing as Brachial Plexus?
Erb’s palsy is a specific type of brachial plexus injury. […]
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Gas Explosion Lawyer
Gas explosions are devastating events that can change lives in an instant. Whether at a job site or at home, these explosions can lead to catastrophic damage and cause severe, even life-threatening injuries, fatalities, and destruction that affect surrounding buildings and families. For survivors, the road to recovery can be long and difficult, both physically and emotionally. If you or a loved one has been injured in a gas explosion, the path forward may feel uncertain. You don’t have to face it alone.
At Munley Law, our gas explosion lawyers understand the unique challenges of these cases. We are here to help victims and their families seek justice and secure the compensation they deserve. With decades of experience handling catastrophic injury cases, we have the expertise to hold the responsible parties accountable and guide you through every step of the legal process.
Understanding Gas Explosions
When gas ignites, […]
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What’s the Difference Between Permanent and Temporary Disability?
If you’ve been hurt at work and are now undergoing the workers’ compensation benefits forms, you’ll likely see words like temporary disability benefits and permanent disability benefits. Ultimately, your medical improvement will determine the types of workers’ compensation coverage you qualify for. However, these two categories can make a great deal of difference in your compensation for your work-related injury.
In general, your workers’ comp claim can get you financial compensation for medical bills, loss of wages, and future earnings loss in the case of long-term disability.
Before you begin the process, contact a workers’ comp attorney who can guide you to ensure you get the financial benefits you are legally entitled to.
Understanding the Difference Between Temporary and Permanent Disability in Workers’ Comp Cases
The main difference between temporary and permanent disability is when the injured cannot work. […]
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