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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Workers’ Compensation Lawyer for Frito-Lay Warehouse Injuries
Frito-Lay, the company that is very likely responsible for your favorite potato chip, currently employs about 55,000 people across 29 individual brands. Many of these tens of thousands of jobs exist in the state of Pennsylvania, as the state is home to many warehouses in areas like Moosic, Williamsport, Paxinos, and more.
But while it’s certainly wonderful that so many employment opportunities exist for Pennsylvania residents through this company, the reality is that Frito-Lay warehouse workers face substantial risks every time they clock in. Warehouse work is one of the most physically dangerous professions, and it’s not uncommon for the corporations behind the warehouses to try to shortchanged their own injured employees.
If you or a loved one is employed at a Frito-Lay warehouse and has experienced a workplace injury or sustained an occupational disease, you may be entitled to workers’ compensation. Overwhelmed by the prospect of navigating that system alone? […]
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Car Accident Lawyer in Ohio
The trauma of experiencing an accident doesn’t end once you leave the scene. We know that the mental, emotional, physical, and financial impact of a car accident can follow you for a very long time. It can all feel isolating and overwhelming, whether it’s you or someone you love carrying the weight and experience of your accident. In 2020 alone, Ohio saw 1,154 fatal car accidents, and 1,230 total traffic fatalities; there are, of course, thousands more accidents every year that are non-fatal but still traumatizing.
We at Munley Law Personal Injury Attorneys know how hard the aftermath of an accident can be, and we are here to help you navigate a way through it. Don’t take this on alone: allow us to help so that you can focus on your recovery. Our highly experienced and compassionate lawyers are standing by and are ready to begin fighting for you at any time. […]
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Workers’ Compensation for Adidas Warehouse Injuries
According to EHS Today, as e-commerce drives the need for products to be made and shipped faster than ever before, many warehouse employees are left handling unrealistic working conditions, all while facing an increase in warehouse injuries–all of which can be avoided.
While Adidas sales have continued to surge, this increase can include pressure to those employees responsible for moving products: warehouse workers.
If you are employed by an Adidas warehouse, or any warehouse in NEPA, and experience an injury, Munley Law Personal Injury Attorneys is here for you.
Common Warehouse Safety Issues
As the demands on warehouse workers in NEPA increase, safety hazards and concerns will also continue to grow. Below are warehouse hazards Adidas warehouse employees need to be mindful of.
Safety Education and Training
While the goal of every business is to be efficient and to bring in money, […]
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What is the Average Settlement for a Car Accident Case?
Understanding Car Accident Settlements
The average settlement for a car accident case depends on a variety of factors. From the total amount of property damage done, to the extent of the driver’s injuries, no two car accidents are the same, so no two settlements will be either.
Further, depending on the insurance you and the other driver carry, and your state’s laws on liability, the total compensation you can or will receive will vary.
The personal injury attorneys of Munley Law Personal Injury Attorneys explain how the average settlement for a car accident case is determined.
How Is The Average Settlement For a Car Accident Case Determined?
There are multiple factors that come into play when determining a car accident settlement. Below we will discuss the most critical factors to your personal injury case.
The Severity of Injuries Sustained
The severity of the injuries you sustain from a car accident will be the biggest factor in calculating the worth of your settlement. […]
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Workers’ Compensation for Core-Mark Warehouse Injuries
Core-Mark Warehouse Workers’ Compensation
Warehouse employees are essential to the supply chains that keep our society running smoothly. The fast pace of warehouse work, as well as the technical equipment, makes warehouse work particularly susceptible to workplace injuries. If you or a loved one has been injured while working at Core-Mark International’s Wilkes-Barre warehouse, you are entitled to workers’ compensation while you recover.
What is Workers’ Compensation?
Workers’ compensation is a type of insurance that nearly all Pennsylvania employers are required to carry for their employees. When an employee is injured during the course of work, he or she is able to file a compensation claim with his or her employer and receive payments to cover medical bills and lost wages for the duration of the recovery.
Workers’ compensation also protects the employer from having a personal injury suit brought against him or her. […]
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