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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Pennsylvania Among the U.S. States with the Most Dog Bites
Dog Bite Prevention Week
April 9-15 is Dog Bite Prevention Week. The American Humane Association, the U.S. Postal Service, and other groups observe this week each year in an effort to help reduce the number of dog bites nationwide.
This year, multiple reports have come out indicating that dog bites increased in 2016. According to the USPS, More than 6,700 postal workers suffered a dog bite last year. That’s 200 more than in 2015. Some researchers connect this increase with the growing popularity of online shopping and home delivery services.
The Insurance Information Institute and State Farm also report that dog bites increased by as much as 18% overall last year. Note that this number may other types of include dog-related incidents – not just bites.
Which states experience the most dog bites? Pennsylvania ranks #4 in the country, […]
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How Much Will I Be Paid for Lost Wages?
As Pennsylvania workers’ compensation lawyers, we often find that one of the most common problems related to workers’ comp is how little people know about it. If you’ve never been hurt at work before, the claims process can be confusing. You’ll probably have lots of questions about how and when you can recover your lost wages.
One of the most common ones is: How much will I be paid for my lost wages?
If you suffer an injury on the job that prevents you from being able to work, workers’ compensation insurance exists to cover your medical bills and your wages until you can work again. In this way, workers can recover their losses without resorting to a lawsuit. Just how much you will receive, however, can vary.
Typically, you’ll receive compensation benefits for 2/3 (or 66.6%) of your average weekly wage. […]
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Some Valuable Information about Nail Gun Accidents
Nail guns are extremely valuable tools to both the construction industry and regular consumers. Unfortunately, the Center for Disease Control and Prevention (CDC) reports that nail gun accidents account for approximately 37,000 emergency room visits each year. Of those injured, nearly seventy percent were injured in the course of their employment. The balance of the people were consumers using the nail guns for non-business related tasks.
It’s not difficult to imagine how a nail gun accident might occur. For those who are injured while at work, it is important to file a workers’ compensation claim. You can find answers to many of your questions concerning workers’ compensation procedures here.
What if there was a problem with the nail gun? Whether you were injured in the course of your employment or not, you may have another type of claim. […]
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On the Job Injury Lawyer
When you are injured on the job, workers’ compensation exists to cover your medical costs and your lost wages while you’re out of work. However, you may face roadblocks to getting the benefits you need.
If you were injured while on the job, it’s best to consult an attorney about what your next steps should be. For more than 55 years, the Scranton on the job injury lawyers at Munley Law Personal Injury Attorneys have been helping injured workers throughout Pennsylvania get the compensation they deserve. For decades, our attorneys have earned national recognition for their work on behalf of injured claimants. The legal guide Best Lawyers named Chris Munley Workers’ Compensation Lawyer of the Year, 2016. For a free consultation about your work injury, fill out our email form or call [phone-number] today. We do not collect a fee unless we obtain benefits for you. […]
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Defective Consumer Products Lawyer
If you have sustained an injury from an appliance, a toy, a piece of furniture, or a medication, contact a defective consumer products lawyer at Munley Law Personal Injury Attorneys. Since 1959, our firm has worked to establish a reputation as industry experts in personal injury law. We have earned the highest client and peer ratings, and have been named among the Best Lawyers in America. Our own Marion Munley was named Product Liability Lawyer of the Year, 2017, for her work on behalf of injured plaintiffs. Call [phone-number] or fill out our email form today. The consultation is FREE, and we do not charge a fee for our services unless we win your case.
If you were injured by a defective consumer product, it’s wise to speak with an attorney who is knowledgeable in product liability cases. For more than 55 years, […]
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