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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Light Duty and Workers’ Compensation
A workers’ comp lawyer at Munley Law Personal Injury Attorneys explains “light duty” assignment after a work injury
If you get injured at work, your employer may offer you “light duty” as an alternative to being out of work completely. But this can present a host of questions: What is considered light duty? Will accepting an offer of light duty work prevent me from collecting workers’ compensation? Will I be paid the same salary for light duty work?
Often, people have many valid questions concerning their workers’ compensation claim and precisely what it means if a doctor clears them for light duty. If you have questions about how light-duty work will affect your workers’ comp claim in Pennsylvania, you may want to consult with an experienced workers’ comp lawyer.
What is Light Duty Work?
Typically, […]
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Bicycle accidents and auto insurance in Pennsylvania
Munley Law Personal Injury Attorneys personal injury lawyers explain: bicycle accidents and auto insurance
What if you were involved in a bicycle accident in Pennsylvania and suffered a serious injury? If your bicycle was hit by a motorized vehicle, whose insurance company is responsible – yours or the motor vehicle drivers? What if no one was at fault? Can you file an insurance claim or a lawsuit requesting reimbursement for pain and suffering resulting from a bicycle accident? Auto insurance in Pennsylvania offers both full tort and limited tort policy choices. What does that mean? How does it apply to bicycle accident coverage?
Accidents involving bicycles happen all too frequently. It pays to be aware of the details of how insurance coverage works. But the issue can become complex in many cases. Hiring a Pennsylvania bicycle accident lawyer can help you receive the benefits you deserve if you are a victim of an injury caused by an accident that happened while riding your bicycle. […]
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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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Wilkes-Barre Workers’ Comp and Third Party Claims
Wilkes-Barre workers’ comp and third party lawsuits: how a workers’ comp attorney can help
What should you do if you were injured at work in Wilkes-Barre or Luzerne County, Pennsylvania? What if a contributing cause was that a piece of equipment was faulty or malfunctioned? You might submit a claim under the guidelines of Pennsylvania Workers’ Compensation. However, the amount awarded may or may not cover all the medical and related expenses incurred when you could not work. How would you find funds to cover the additional costs? A third-party lawsuit against the equipment manufacturer might be the answer.
Our Wilkes’ Barre workers’ comp lawyer could provide wisdom and guidance in such a situation. Our workers’ comp lawyers have received many awards and have been highly ranked by client and peer reviews from Martindale-Hubbell. Munley Law began protecting workers’ rights to compensation for on-the-job injuries in 1959. […]
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