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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How Can I Prove My Pain and Suffering?
The effects of an accident, whether it is a car wreck, slip and fall, medical error, or workplace accident, can have lasting effects on the victim. Debilitating physical injuries and emotional trauma can plague the victim for years to come.
Pain and suffering refers to physical discomfort and emotional toll the victim faces after an accident. These “non-economic damages” accompany the victim after an injury and can include physical pain, discomfort, mental anguish, inconveniences, and emotional distress.
Pain and suffering claims tend to be a bit more complicated than a regular injury claim. You will need a team of pain and suffering lawyers behind you in order to prove you are owed compensation for your trouble. This is where the personal injury lawyers at Munley Law Personal Injury Attorneys come in. They have a deep knowledge of Pennsylvania law and insurance policies and will fight for the proper amount of compensation for your pain and suffering following an accident. […]
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Hazleton Warehouse Workers’ Compensation Lawyer
Getting hurt at work is always a possibility, but of course, it’s far more likely at some jobs than others. Unfortunately, warehouse workers are at a high risk of sustaining an injury on the job. With so much equipment and heavy machinery in use at a single location, the odds of an accident inevitably rise. And advances in technology are not necessarily making things safer; in fact, Amazon warehouses in particular boast higher injury rates than most other warehouses of their kind. In 2020, Amazon warehouses in Pennsylvania reported 7.2 serious incidents for every 200,000 hours worked (a length of time that equates to 100 employees working full time for a year). This is nearly double the rate of other companies in the same state.
With all the dangers present in a warehouse, it’s crucial that employees understand their rights to workers compensation. This is especially true for residents of Hazelton, […]
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Does Workers’ Compensation Cover Pre-Existing Conditions?
Does Workers’ Compensation Cover Pre-Existing Conditions?
In general, if you have a pre-existing condition, workers’ compensation will not cover those ailments. However, in some cases where a workplace injury aggravates a pre-existing condition, an employee may be able to receive workers’ compensation benefits. These claims can often be met with resistance.
If you’re wondering, “Does Workers’ Compensation Cover Pre-Existing Conditions?” we can help. Learn more about what you need to know about pre-existing conditions and workers’ compensation benefits.
Pre-Existing Conditions and Workplace Injuries
If you are injured in a workplace accident and have a pre-existing condition, you must make note of that condition at the time of your workers’ compensation claim. While the pre-existing condition will not give you more money in a pay out, it helps protect you from being denied compensation should the employer later find out. […]
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Does Workers’ Compensation Affect Future Employment?
Workers’ Comp Should Not Impact Employment
According to the Bureau of Labor Statistics and the Insurance Information Institute, on average, there are 3.4 workers’ compensation claims filed for every 100 full-time employees. With workers’ compensation claims being rather common, one may wonder, does workers’ compensation affect future employment?
The answer is no, it should not. Because employees who are hurt on the job are legally permitted to collect workers’ comp, a future employer cannot hold it against you for the injury or the collection of benefits.
Regardless, employees want to know how workers’ comp laws protect them in their future employment. Here, our workers’ compensation lawyer explains what you can do to protect yourself now and in the future.
What Does Workers’ Compensation Law Say About Getting Hurt on the Job?
In the United States, each state regulates its own workers’ […]
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When Should a Philadelphia Personal Injury Lawyer Be Used?
Injured Due to Negligence? A Philadelphia Personal Injury Lawyer Can Help
A personal injury lawyer should be used anytime there is an injury, either physical or emotional, resulting from possible negligence. If you’re asking “when should a Philadelphia personal injury lawyer be used?” the answer could be many different scenarios. This might look like a lot of different situations ranging from a car or truck accident to slipping and falling on a construction site.
Many different types of accidents might necessitate the use of a Philadelphia personal injury lawyer. Think bus (SEPTA) accidents, slip and fall accidents, car accidents resulting in injuries, and construction site dangers that resulted in harm to you or one of your loved ones.
At Munley Law Personal Injury Attorneys, we work on a contingent basis. We only get paid if we win your case. […]
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