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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Breast Cancer Misdiagnosis Lawyers
Have you or a loved one had a breast cancer misdiagnosis?
Cancer misdiagnosis currently accounts for 10-20% of all cancer cases and far exceed wrong drug and wrong surgical site errors. A vast majority of these late or incorrect diagnoses are life-threatening or result in death. For breast cancer alone, diagnosis errors are estimated to cause over 40,000 deaths every year. This is unacceptable.
If you or a family member has suffered because of a doctor’s improper or missed diagnosis of your breast cancer, you may be able to recover your past and future medical expenses, lost income, and compensation for your pain and suffering, diminished quality of life or reduced lifespan, disability, and more. Please contact Munley Law Personal Injury Attorneys today to speak with a breast cancer misdiagnosis attorney or call us at [phone-number]. We have offices conveniently located in Scranton, Wilkes-Barre, […]
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OSHA tightens standards on workplace injury reporting
Last month, the US Occupational Safety and Health Administration (OSHA) strengthened the rules that required businesses to report serious workplace injuries and fatalities. Their goal is to uncover workplace hazards faster and fix problems sooner by requiring companies to report more on-the-job injuries to federal regulators.
According to OSHAs revised safety rule, effective January 1, 2015, companies will be required to report all work-related in-patient hospitalizations, amputations, and eye losses within 24 hours. Current laws only require employers to report in-patient hospitalizations if three or more employees are affected, and amputations and eye losses do not have to be reported. Remaining unchanged is the requirement that employers report work-related fatalities within eight hours.
The Bureau of Labor Statistics (BLS) preliminary 2013 workplace fatality data found that 4,405 workers were killed on the job in the US in 2013. That translates to an average of 85 deaths per week or 12 deaths every day. […]
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Personal injury lawyer recommends steps to take if you are the victim of medical malpractice
Attorneys at Munley Law Personal Injury Attorneys represented an estate and a widow in a medial malpractice case against a hospital in the death of her husband. The suit claimed that the hospital’s nurse did not follow hospital policies nor the surgeon’s orders when she administered a medication when it was not indicated, causing the death of the patient. Last week, a jury awarded the patient’s estate $1.5 million in the medical malpractice case.
According to an article in Pro Publica, a study in a current issue of the Journal of Patient Safety reports that between 210,000 and 440,000 patients each year who go to the hospital for care suffer some type of preventable harm that contributes to their death. That would make medical errors the third leading cause of death in America, behind heart disease and cancer.
What is Medical Malpractice? […]
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“What Do I Do if I Get Hit by a Car on My Bike?”
Whether you live in a small town or you reside in a more urban setting, chances are, now that summer is in full-swing, you’ll be breaking out the bike regularly to go for a ride around your way. Not only is bicycling great exercise, it also provides you with a chance to escape the confines of your office or your home and hit the open road, welcoming the feeling of a comforting, warm breeze at your back.
As with any form of transportation, though, there can be some risk involved. Since only two percent of all automobile deaths and only two percent of all injured parties from automobile crashes are cyclists, according to the National Highway Traffic Safety Administration, biking is generally safe. You can proactively help avoid an accident by signaling your turns, wearing reflective clothing, obeying traffic rules, and bypassing busy streets when possible. […]
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The Dangers of Driving Drowsy
Driving impaired doesn’t have to mean driving under the influence of drugs or alcohol. It can also mean driving while drowsy—a practice that leads to more than 100,000 crashes each year, according to the National Highway Traffic Safety Administration. Of this total, 40,000 injuries and 1,500 deaths are reported. In fact, a study showed that driving while being awake for 18 hours was the same as driving with a blood alcohol level of .05. Driving after being awake for 24 hours was equal to a blood alcohol level of .10—a level of .08 is legally drunk.
As with drunk driving, sleep-deprived driving also inhibits a person’s reaction time, judgment, and vision; causes problems with information processing and short-term memory; decreases awareness, and increases aggressiveness.
Unfortunately, in the commercial truck driving culture, getting behind the wheel, despite a lack of sleep, happens all too often as drivers push to make their deliveries on time, […]
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