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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Can You Sue for a Slip and Fall Accident?
Slip & Fall Accidents are More Common Than You Think
A slip and fall accident is, essentially, exactly what the name implies: one party is injured when slipping or tripping and falling, usually on another person’s property, due to some sort of hazardous condition. This hazardous condition could be anything from a faulty handrail to uneven pavement to a slippery surface.
For someone young and healthy, a fall might not sound like much to worry about, but the reality is that the ensuing injuries are often more serious than meets the eye. It’s also a far more common occurrence than you may realize; in fact, more than half a million slip and fall accidents requiring medical care occur in North America each year.
So what can you do if you are injured in a slip and fall accident? Many people may not realize that pursuing legal action is absolutely a possibility. […]
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Do Most Slip and Fall Cases Settle Out of Court?
Settling a Slip and Fall Accident Case
Do most slip and fall cases settle out of court? A slip and fall accident occurs when one party is injured when slipping or tripping and falling, usually on another person’s property, due to some sort of hazardous condition. This “hazardous condition” could be any number of things, such as a wet or slippery floor, a faulty handrail, or loose carpeting. While a fall may not sound like something serious, the reality is that it can cost much more extensive damage than one might expect. An accident of this type is particularly dangerous for people over the age of 65, who are both more prone to falling and more prone to experiencing severe injury as a result.
If you or a loved one has experienced a slip and fall accident, you may be wondering what your next steps are. […]
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Pros & Cons of Hiring a Workers’ Comp Lawyer
Benefits of Hiring a Workers’ Compensation Lawyer
Getting hurt on the job can lead to expensive medical treatment, lengthy physical therapy, costly rehabilitation, and time away from work. Workplace injuries can be serious, and even result in death. According to the Bureau of Labor Statistics, 2.7 million workplace injuries and illnesses occurred in 2020.
Workers’ compensation benefits exist to cover injured workers’ medical expenses and lost wages suffered. These benefits also compensate families of workers who are killed on the job. A Wilkes-Barre workers’ comp lawyer can help you recover the compensation you deserve.
But do you need a workers’ compensation lawyer to handle your claim? The answer is almost always yes. If you have been injured at work, Munley Law Personal Injury Attorneys’s workers’ comp lawyers can help you understand your rights. Call us at 844-303-7321 or email us to schedule your free initial consultation. […]
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Questions to Ask Your Workers’ Comp Lawyer
Know What to Ask an Experienced Workers’ Comp Lawyer
A workplace accident may mean prolonged medical treatment, physical therapy and rehabilitation, and time off work. Workers’ compensation benefits exist to cover these expenses, but obtaining your benefits isn’t always easy. A workers’ compensation lawyer can help you recover the benefits you are owed.
In Pennsylvania, most employees are covered under workers’ comp for medical costs and lost wages caused by a work-related injury or death. Under Pennsylvania’s workers’ compensation law, injured workers have a right to file a workers’ compensation claim if they have been injured while carrying out their work-related tasks either on-site or off-site. How long these benefits last depends on the severity of your injury and the possibility of long-term disability.
Unfortunately, employers and insurance companies often deny workers’ comp claims, even when they are valid. That’s where a workers’ […]
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When to Hire a Workers’ Comp Lawyer
How Do You Know When to Hire an Injury Lawyer?
Getting hurt on the job can cause big problems. Workplace injuries can be serious, and even result in death. According to the Bureau of Labor Statistics, 2.7 million workplace injuries and illnesses occurred in 2020. If you were injured on the job, you may need to miss work to deal with expensive medical treatment, lengthy and costly rehabilitation.
Thankfully, there are workers’ compensation benefits to cover injured workers’ medical expenses and lost wages. These benefits can also compensate families of workers who are killed on the job. By filing a workers’ comp claim, you can recover the compensation you deserve to cover the costs of your injuries.
But how do you know when you need to hire a workers’ compensation lawyer to handle your claim? Munley Law Personal Injury Attorneys workers’ […]
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