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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What Should I Do If I Am Involved in Lyft Car Accident? or Hit by an Uber Driver?
If your car is hit by an Uber driver or you are involved n a Lyft car accident, you may be able to collect damages, especially if you were injured. In general, it will largely depend if the driver was “on the clock” when they hit you, or if they were driving as an individual. This will determine who is responsible for your losses.
If you were involved in an accident with a Uber, Lyft or another rideshare driver, the car accident attorneys at Munley Law Personal Injury Attorneys can help you through the legal process.
What You Need to Know About Uber or Lyft Car Accidents
Who you can take legal action against following a car accident involving a rideshare driver will depend if the rideshare driver was logged into the app and working, or already off the clock. […]
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Workers’ Compensation for Construction Workers in Pittsburgh
While many sectors like food, entertainment, and hospitality faced serious downturns during the pandemic, the construction industry was able to survive unscathed. With lockdowns increasing the time we all spent at home, the demand for new buildings increased. In fact, the Philadelphia Inquirer notes that more homes were built in Pennsylvania in 2021 than in any year since 2006.
In addition to increased demand for housing, the pandemic also created an increased apetite for home renovations– an added revenue stream for the already booming construction industry. Home renovation platform, Houzz, notes that home renovations in 2020 hit record numbers. According to its year-end study, home renovations were up by at least 15% in 2020, with homeowners spending a median amount of $15,000 on their home renovation projects (Houzz & Home 2021 Study).
As such, the construction industry did not just survive, […]
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Healthcare Workers’ Compensation Lawyer in Pittsburgh
Workers’ compensation exists because, unfortunately, workplace injuries and illnesses are simply a reality across all professions. However, there are some jobs and industries that have far higher rates of accidents and injuries. The U.S. Bureau of Labor Statistics lists health services as one of the ten industries with the highest rates of fatal workplace injuries. Additionally, OSHA reports that in 2019, hospitals recorded 221,400 work-related injuries and illnesses. That is a rate of 5.5 work-related injuries and illnesses for every 100 full-time employees, far higher than the right for most private sector jobs.
If you or a loved one is a healthcare worker and has experienced a workplace injury or illness, we are so sorry. We can’t undo your experience, but we can stand beside you as you fight to seek your rightful compensation. In many cases, a workers’ compensation claim is the best way to make sure your medical bills are paid and your lost wages accounted for after a workplace injury. […]
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Third Party Claims & Workers’ Compensation Lawyer in Pittsburgh
Getting up and getting yourself to work every day can sometimes feel like a challenge even in the best of circumstances. But when you’re injured or become sick due to an incident at your workplace, that challenge can become entirely overwhelming. Unfortunately, many Americans are injured in the workplace every year. Some industries pose a greater threat to employees’ health and safety than others.
According to the Insurance Information Institute, the top private industry occupations with workplace injuries and illnesses include nursing assistants, registered nurses, truck drivers, stockers, and repair workers. That being said, anyone performing any professional role is capable of experiencing a workplace injury.
Workplace injuries and illnesses can have long-lasting damages. Whether it’s the physical effects, the financial burden, or the mental and emotional toll, it can be a lot. But if you are hurt or become sick in your workplace, […]
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What Happens If My Uber is in an Accident?
If you’re feeling unwell, have had a few drinks, or don’t trust yourself driving at night, calling a car through the Uber app is the right choice. Unfortunately, however, calling a car doesn’t always guarantee a safe journey.
If you or a loved one were injured in an Uber accident, Munley Law Personal Injury Attorneys is here to ensure you get the justice you deserve. Car accidents are traumatic events on their own. The aftermath of a crash, however, can be just as intimidating to manage if you don’t have the right resources. Between handling your medical care, claims with your insurance company, and potentially even lost wages, it is easy to feel overwhelmed.
Deciding to seek compensation for an Uber accident injury, though, can help to relieve some of this pressure. Reaching out to an experienced car accident lawyer can make a massive difference in winning you the outcome you deserve, […]
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