Claim

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?

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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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

ask a workers' comp lawyer: doesworkers comp cover seasonal workers

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, […]

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Wayne, PA Personal Injury Lawyers

If you or your loved ones have been injured in Wayne, Pennsylvania, due to another person’s actions, you may be able to recover financial compensation for your injuries. This process is part of personal injury law. Munley Law Personal Injury Attorneys is a personal injury law firm that has been trusted by many Wayne residents to pursue their claims and get justice for their injuries. 

Filing a personal injury or lawsuit against another person or entity can be complicated and time-consuming. When pursuing compensation, it is therefore vital to have an experienced personal injury lawyer by your side. At Munley Law Personal Injury Attorneys, our Pennsylvania personal injury attorneys know what companies may try to do to get out of paying a claim. We will protect your rights and fight for what you deserve. 

Munley Law Personal Injury Attorneys is a family firm, […]

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Workers’ Compensation for Neck and Back Injuries

Workers’ Compensation for Neck and Back Injuries in Pennsylvania

Pennsylvania workers' compensation lawyersInjuries to your neck and spine can be serious, and if they happened during an accident at work, the workers’ comp lawyers at Munley Law Personal Injury Attorneys can help you get what you deserve. 

According to the Pennsylvania Department of Labor and Industry, neck and back injuries made up 14% of workplace injuries in the state in 2019. That’s 24,057 incidents of neck or back injuries while on the job. Even more than the numbers, injuries to the neck and back can involve the spinal cord, making the consequences severe. Serious injuries can happen in a variety of workforces. However, statistics show the construction industry is particularly hard hit when it comes to neck and back injuries. 

Workers’ comp cases can be difficult to navigate, particularly for serious occurrences that cause neck and back injuries. […]

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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 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 .  If you are planning on filing a 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?

personal injury attorney caroline munleyThere are several reasons why 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. […]

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Scranton Distracted Driving Accident Lawyer

Seeking Justice After a Scranton Distracted Driving Car Accident

Inspecting a car accident

All drivers have an obligation when they enter the road. They are obligated to drive safely, obey all traffic laws, and behave in a manner that does not put themselves or any other party in harm’s way. However, unfortunately, drivers do sometimes fail to meet obligations while behind the wheel, whether that be via drunk driving or simply .

It’s important to remember that a distracted driver is a dangerous driver. If you have experienced the consequences of a distracted driver via an automobile accident, an experienced Scranton distracted driving accident lawyer at Munley Law Personal Injury Attorneys can help. We will review your car accident case and fight to ensure you receive the compensation you are owed. Contact us today for a free consultation. We do not collect a fee for our services unless we win your case.  […]

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