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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Pittsburgh Bikeshare Accident Lawyer
Seeking Justice after a Pittsburgh Bike Share Accident
Biking is a wonderful means of transportation for many reasons, including the environmental impact, the exercise, and the affordability, whether for commuting or simply for pleasure. But like all means of getting around, especially in a busy city such as Pittsburgh, there are inherent risks and dangers. And sometimes, bicycle accidents happen.
With bike sharing specifically, some additional risks come into play. Bike share programs, like Pittburgh’s HealthyRide, may mean that people who are not regular or experienced cyclists are now biking on busy city streets. This is also a popular means of getting around the city for visitors and tourists, which means that people who lack familiarity with their surroundings are biking in high-traffic areas. This can be extremely dangerous.
If you have been injured in a bike accident, or specifically a bikesharing accident, […]
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Is It Worth Getting a Lawyer for a Car Accident in Philadelphia?
Determining When To Speak to a Car Accident Lawyer
Car accident cases can be complicated. From dealing with the insurance companies to determining fault, most car accident victims don’t know where to begin. Car accidents in Philadelphia also have certain dates to meet under Pennsylvania law. If you want to file a car accident claim, you should not delay.
While not all car accidents require the aid of a Philadelphia car accident lawyer, in many car accidents, it is worth seeking legal advice.
Learn more about the situations in which a car accident may require an experienced car accident lawyer.
Questions For Philadelphia Car Accident Lawyers
It is normal after an auto accident to have multiple questions. For starters, what do I do now? Following a car accident, […]
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Can You Sue Someone for a Minor Car Accident?
What to Do If You’re In a Minor Car Accident
Maybe it’s a small fender-bender in the grocery store parking lot. Or perhaps a driver misjudged the lane shift and tapped into your car. Sometimes these minor car accidents happen, resulting in minimal damage to your vehicle. While it may just be an inconvenience without injury, you may wonder, can you sue someone for a minor car accident?
The answer is yes — anytime you are involved in a car accident, you have a right to file a claim with your insurance or file a lawsuit against the other driver to recover compensation. The real question is, will your case be successful for a minor car accident?
Every accident can involve both non economic damages and economic damages. […]
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Scranton Drunk Driving Accident Lawyer
Seeking Justice After Accident with Drunk Driver
A devastating truth of the road is that drunk drivers and drunk driving accidents are an ever-present danger. The state of Pennsylvania saw 3,697 drunk driving fatalities between the years 2009 and 2018. In fact, according to the National Highway Traffic Safety Administration, about a third of car accidents in the US are alcohol-related, and 28 people die from this tragic negligence every day.
If you or a loved one has been injured in a car accident by a drunk driver, it’s in your best interest to seek legal advice and ensure you are receiving the maximum compensation you are owed for your immense suffering. Reach out to a Scranton drunk driving accident lawyer.
Munley Law Personal Injury Attorneys is a Northeastern Pennsylvania law firm with a dedicated Scranton car accident lawyer who can provide the legal advice injured victims will need to traverse this process. […]
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Allentown Workers’ Compensation Death Benefits
Does Workers’ Compensation Pay for Death Benefits?
Under Pennsylvania’s workers’ comp laws, a deceased workers’ family member can file a claim when an employee dies while on the job, so long as workplace injuries or death happened on the job. Unfortunately, employers and insurance companies may deny workers’ compensation death benefits to the surviving family members, even though the injured workers’ claims are valid. When this happens, an Allentown workers’ compensation attorney can help your family receive the compensation you deserve.
How Much Compensation Can a Family Receive After a Worker Dies?
The compensation a family can receive following a worker’s death is calculated as a percentage of the deceased worker’s weekly salary. There is a weekly maximum on death benefits set by Pennsylvania law based on the state’s average salary.
In Pennsylvania, roughly 85 employees died in 2021 as a result of work-related accidents. […]
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