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.
More information about Claim
Does Workers’ Compensation Cover Seasonal Workers?
Does Workers’ Compensation Cover Seasonal Workers?
Businesses supplement their staff in peak seasons like summertime and winter holidays by hiring seasonal employees. As the workforce grows, coverage requirements evolve, including workers’ comp seasonal employees’ demands.
The Pennsylvania Minimum Wage Act doesn’t give a clear distinction between full-time, part-time, seasonal, and temporary employees. Some employers provide more benefits to full-time staff than other workers.
So, what happens if you are a short-term employee and you sustain a work-related injury or illness? This post explains how the Pennsylvania Workers’ Compensation Act protects seasonal workers.
Workers’ Compensation Coverage for Seasonal Employees
Pennsylvania worker’s compensation covers nearly all workers, including part-time, temporary, and seasonal employees. Employers like corporations, nonprofits, unincorporated businesses, and even entities with just one employee must provide workers’ compensation coverage.
However, you may not be eligible for workers’ […]
Read MoreMore information about Claim
Expert Witnesses in Medical Malpractice Cases
What Does an Expert Witness Do in a Medical Malpractice Case?
While each medical injury is different, all medical malpractice lawsuits require expert witnesses. Experienced medical malpractice lawyers, like our award-winning team at Munley Law Personal Injury Attorneys, know when and how to use a good expert witness. If you are planning on filing a claim in a Pennsylvania court, then make sure you understand these points about experts.
Why Do I Need an Expert Witness in My Medical Malpractice Claim?
There are several reasons why medical malpractice plaintiffs need expert witnesses.
The Certificate of Merit
First, in Pennsylvania, all med mal plaintiffs must file a “Certificate of Merit.” The purpose of this document is to protect doctors and other medical practitioners from frivolous lawsuits. […]
Read MoreMore information about Claim
What to Do After a Car Accident
After a car crash, you need to know what to do
The nation’s leading accident lawyers explain what steps you should take after a collision
There are 6 million roadside collisions in the United States every year. However, despite the fact that we hear about car and truck accidents every day, we never think it will be us. As a result, many drivers and pedestrians find themselves unprepared when they suffer a crash. How accident victims react in the seconds, minutes, hours, days, and weeks after their crash creates lasting effects. Doing the right thing or the wrong thing can majorly impact whether and how much you can recover for your injuries. As such, our experienced car and truck crash lawyers explain exactly what to do after a roadside collision.
If you’d like to discuss the specifics of how to handle your accident case, […]
Read MoreMore information about Claim
How to File a Truck Crash Lawsuit
After a collision with a truck, you need maximum compensation for your injuries
The nation’s #1 semi-truck accident lawyers explain how to file your truck crash lawsuit
As the Federal Motor Carrier Safety Administration (FMCSA) reports, 499,000 trucks crash each year. Correspondingly, those collisions cause 107,000 serious injuries. In addition, 4,415 semi-truck accidents are fatal. Truck crashes cause tremendous pain and suffering for accident victims and their families. Because filing, fighting, and winning a truck accident lawsuit is incredibly difficult, these collisions also cause a lot of confusion. To answer some of the most frequently asked questions, the nation’s #1 tractor-trailer accident lawyers explain how to file a truck crash lawsuit.
For the best chances for winning your truck accident case and maximizing your compensation payout, you need to hire an experienced semi-truck collision lawyer. Who you choose matters. […]
Read MoreMore information about Claim
What is Summary Judgment?
Understanding motions for summary judgment…and how to win them
If you sued a defendant for your injuries or other damages, then you can expect certain legal responses and defenses. While every case is unique, some stages of litigation come up in nearly every lawsuit. Summary judgment is one of those phases. Understanding what summary judgment is and how handle it is key to winning big in your case. As a result, our experienced trial lawyers define summary judgment and provide a guide to using this legal step to maximize your compensation payout.
To discuss the details of your lawsuit for FREE, schedule a consultation with an award-winning Munley Law Personal Injury Attorneys litigator today.
Motions for summary judgment: what they are and what do they do
In order to fully grasp motions for summary judgment, […]
Read More
