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.
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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Is workers’ comp taxable?
Ask a Workers’ Compensation Lawyer: Are Workers’ Comp Payments Taxable in Pennsylvania?
If you are receiving workers’ comp benefits, or if benefits are pending for you or a family member, you may be wondering, “Is workers’ comp taxable?” You are wise to be concerned about the taxable status of workers’ compensation payments that replace earned income while you are unable to work due to job-related illness or injury.
Is income taxable no matter what the source? What procedures must be followed when you file your tax return while receiving workers’ comp? Here, we will address these basic concerns.
If you have further questions, a Munley Law Personal Injury Attorneys Pennsylvania workers’ comp lawyer can address your queries concerning the taxable status of unemployment benefits.
Our skilled, knowledgeable attorneys can also assist you if you are experiencing difficulty in obtaining workers’ […]
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What is malingering?
What is “malingering” and how can it affect your workers’ comp case?
Malingering comes up often in the context of workers’ compensation. Malingering is a term used to describe the action of exaggerating or falsifying one’s illness or injury to gain some benefit (such as workers’ comp payments).
Workers’ compensation program administrators and officials of the employing company often accuse employees who receive workers’ comp payments of “malingering” as a way to extend benefits. These accusations, which happen on a fairly regular basis, are unfair to dedicated employees who continue to suffer effects from injuries or illness contracted on the job. Such workers are rightfully owed benefits.
A Medical Definition of Malingering:
“. . . pretending to have an illness in order to get a benefit. The feigned illness can be mental or physical. […]
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Your Guide to Filing a Lawsuit
Munley Law Personal Injury Attorneys Personal Injury Lawyers’ Guide to Filing a Lawsuit
If a company or person has acted in negligence and caused you serious injury, you may file a lawsuit in order to obtain financial compensation from the at-fault party. But filing a lawsuit can be a challenging task. Any slight mistake can cost you the compensation that you deserve or cause further damages. That’s why you need the proper guidance and an experienced team of attorneys.
Below, we will explain what it means to file a personal injury lawsuit and how to increase your chances of winning.
What does it mean to file a lawsuit?
A lawsuit is a formal legal case that you or your lawyer files with the court. Filing a lawsuit involves telling the court that the defendant acted negligently and hurt you (the plaintiff). […]
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What is the Coming and Going Rule in Workers’ Comp?
Workers’ Comp Coming and Going Rule: How it Affects Your Claim
Workers’ compensation is insurance that provides financial aid to employees to cover the medical expenses and lost wages due to work-related illnesses, diseases, and injuries. The Pennsylvania Workmen’s (Workers’) Compensation Act was enacted in 1915 and is mandatory for most employers across the state. The insurance is meant to benefit both the employee and the employer, protecting the employee in cases of illness and injury on the job, and the employer from being sued for such cases. Compensation is roughly 66% of the employee’s average weekly wage.
There is an exception, however, to workers’ comp. It’s called the Going and Coming Rule.
What is the Going and Coming Rule?
According to DMV.ORG, the Going and Coming Rule is when an employee gets into an accident and/or is injured commuting either to or from work. […]
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Pennsylvania Bicycle Safety Laws
Pennsylvania Bicycle Laws: Everything You Should Know
Over the years, one of the biggest threats to public safety is road accidents. According to the Pennsylvania Department of Transportation (PennDOT) secretary, one life lost is one too many, and the organization is working towards zero deaths.
Sadly, however, the number of traffic accident fatalities remains startling. Though there was a record low of 1,059 deaths in 2019, the number rose to 1,129. Among the most vulnerable to such crashes are cyclists.
Though there was a decrease in bicyclist injuries from 1,003 in 2019 to 799 in 2020, the number of fatalities rose from 16 to 22. For the lucky ones, they walk away from such incidents with minor injuries. But for some, it’s not the case.
Due to the evident disadvantage cyclists have, a bicycle crash with a vehicle can result in severe injuries. […]
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