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.
More information about Claim
Why Do Most Personal Injury Cases Settle?
Will my personal injury case settle?
Although popular television shows and movies give the illusion that every legal case culminates with a dramatic trial, the reality is that over 95% of all cases and almost 96% of personal injury cases settle out of court. While many personal injury plaintiffs are eager for an opportunity to have their day in court so that they can tell their story to a judge and jury, it is important to understand the benefits and drawbacks of both trials and settlements. Our Wilkes-Barre personal injury lawyer explains.
Why Do You Need a Personal Injury Lawyer From Munley Law?
It is also important that victims of catastrophic accidents choose a legal team that understands these nuances and knows how to negotiate with hospitals, businesses, and insurance companies in order to maximize their clients’ winnings. Time and time again, […]
Read MoreMore information about Claim
Do You Have to Go to Court for a Car Accident?
Like over 104,000 Pennsylvania state residents, you might find that you have gotten in an automobile accident (Pennsylvania Department of Transportation). Being in an automobile accident, alone, is difficult enough. However after the crash, you may feel even more overwhelmed once law enforcement, insurance companies, lawyers, and even perhaps doctors get involved with your case. Many may experience confusion over what obligations they are under immediately following the crash.
You may find yourself asking, “Do You Have to Go to Court for a Car Accident?”
Even the most minor crashes can be traumatic experiences. We therefore recognize that car accidents can be particularly difficult times in a driver’s life. If you or a loved one was involved in a crash, we express our most sincere condolences. Working with an experienced car accident lawyer can make a huge difference, […]
Read MoreMore information about Claim
Workers Compensation for QVC Warehouse Injuries
According to the Occupational Safety and Health Administration (OSHA) Warehouse Safety Series, more than 145,000 people work in warehouses across the United States. Of all industry types, warehouses continue to have a higher fatality rate than any other industry. With hazards like improper forklift use, falling objects, lack of personal protective equipment, failure to follow procedures, lack of fire safety, and repetitive motion injuries, these working conditions can lead to serious harm or fatality. Regardless of the type of warehouse, like a QVC merchandise warehouse, or food and service industry, knowing the risks and your rights if you become injured at work can be imperative to your future.
If you are employed by a QVC or another warehouse in Pennsylvania, the workers’ compensation lawyers at Munley Law Personal Injury Attorneys are here to provide you with the legal guidance you need to be successful. […]
Read MoreMore information about Claim
Workers Compensation for True Value Warehouse Injuries
When you work for a home improvement warehouse like True Value, you likely are working in settings with large equipment, heavy machinery, and large loads of products. While all warehouse employees know working in these settings come with risks, True Value warehouse and other home improvement warehouse employees may face even more dangers in their employment.
If you are employed by a True Value and sustain injuries, the workers’ compensation lawyers at Munley Law Personal Injury Attorneys are here for you. We don’t charge a fee unless we win for you. Contact us today for a free consultation so you can discuss the specifics of your injury and the value of your case.
What is a True Value Warehouse?
True Value is a chain hardware store selling household tools, appliances, home improvement tools, paint, lumber, and other building materials. […]
Read MoreMore information about Claim
What is the Difference Between Workers’ Compensation and Disability?
If you become hurt at work, you’ll likely begin the process of filing a workers’ compensation claim with your employer to try to get your financial compensation secured for the duration of time you’ll be off the job. However, some employees also qualify for disability benefits through the government.
Many people do not know that there is a difference between workers’ comp and disability but what they do and how they get paid out do differ. To help understand the difference, reach out to an experienced Munley Law Personal Injury Attorneys workers’ comp lawyer.
Key Differences Between Workers’ Compensation and Disability
When you suffer a workplace injury, you may be able to recover losses from workers’ compensation, disability benefits, and Social Security disability insurance, depending on the severity of your case. […]
Read More
