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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Wilkes-Barre Workers’ Compensation FAQs
Answering Your Questions About Work Injuries in Wilkes-Barre
If you are a worker in any of Wilkes-Barre’s many businesses and you have been injured due to an accident resulting from job-related duties or if you are suffering from a job-related disease you might be wondering what your next steps are. Whether you are ready to apply for workers’ compensation benefits or if you have questions about what you might qualify for, call the Wilkes-Barre workers’ compensation lawyers at Munley Law today or fill out our form below for your free consultation. Our workers’ comp lawyers have more than 60 years of experience fighting for injured workers in Wilkes-Barre. We are nationally recognized for our expertise and record-setting awards for our clients.
Our Wilkes-Barre workers’ comp attorneys represent people hurt at work in Luzerne County. Call us today for a free consultation. We charge you nothing until you receive workers compensation benefits. […]
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What Are the Most Common Ways Truck Drivers Cause Crashes?
Truck Accidents Can Be Devastating. But What Causes Them to Occur?
Enduring the impact of a 50-foot, 80,000-pound commercial vehicle is one of the most traumatic things that can happen to you as a driver. Your injuries can devastate your physical health, keep you out of work, and even render you permanently disabled. Identifying the most common ways truck drivers cause crashes can give you information that may support a claim that you are anticipating, should you be the unfortunate victim of an accident involving a commercial truck, or can keep you well-informed about how you can do your best to steer clear of circumstances that can make you and your loved ones vulnerable to crashes involving large trucks.
If you get into a trucking accident, your first call should be to an experienced truck accident lawyer at Munley Law. We’ve been practicing truck accident law for more than 60 years and we understand how complex these cases can be. […]
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What You Should Know About Going to Court After a Truck Accident
How to Prepare For Trial When a Truck Accident Settlement Cannot Be Reached
Not all truck settlement cases reach a settlement outside of court. When negotiations are unworkable, and a settlement agreement cannot be reached, you need an experienced personal injury lawyer with a successful track record, and who is prepared to go to trial. Alternatively, if you are satisfied with the settlement offer, and if you are not willing to withstand the delay of a trial, you may wish to refrain from going to court with your case. At the end of the day, complex truck accident cases are best dealt with when an experienced truck accident lawyer is by your side.
With over 60 years of experience, Munley Law has earned a national reputation for our significant verdicts and settlements and for our expertise in the most complex areas of personal injury law — we have all the resources and preparedness to fight for you. […]
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How Important is Black Box Data After a Truck Accident?
After you’ve been injured in a truck accident, one of the first things you’ll need to do is preserve the truck’s black box data as soon as possible. To do this, you’ll need the help of an experienced truck accident lawyer. The black box contains important digital information that can be lost or deleted if it is not preserved quickly. But, obtaining that information won’t be easy. It takes a lawyer with specific knowledge and experience to obtain the electronic data from the trucking company and to analyze and interpret it.
In this post, the truck accident lawyers at Munley Law explain what a black box is, how it can help your case, and why you need a lawyer who knows what to do with it.
What is a Commercial Truck’s Black Box?
Most commercial vehicles (including tractor trailers and large trucks as well as trains and airplanes) are equipped with a “black box.” This technology also exists on many newer passenger vehicles. […]
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What Happens When a Trucking Company Violates FMCSA Rules?
What is the FMCSA?
You probably have never heard about the Federal Motor Carrier Safety Administration, known as the FMCSA. The FMCSA is a federal agency responsible for overseeing commercial motor vehicles, generally large trucks and buses, in the United States. It is charged with reducing crashes, as well as injuries and fatalities, caused by accidents involving commercial vehicles.
Even with an agency responsible for overseeing the industry, there are, of course, accidents involving commercial trucks and buses. And some of those accidents are caused by those who fail to–or choose not to–follow FMCSA regulations. Below, our truck accident lawyers explain briefly what happens when a trucking company violates federal motor carrier safety rules.
What are FMCSA Rules? Where Do they Come From?
The FMCSA is a federal agency housed within the Department of Transportation. […]
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