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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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, […]
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Workers’ Compensation and Head Injuries
Experienced Workers’ Compensation Lawyer for Head Injuries
If you have experienced a head injury while on the job, you may be entitled to workers’ compensation. From medical bills to lost wages, recover what is owed to you with an experienced workers’ compensation lawyer by your side.
According to the Pennsylvania Department of Labor and Industry, head injuries made up 12% of workplace injuries in the state in 2019. That’s 20,706 incidences of head injuries while on the job.
While serious injuries can happen in a variety of workforces, the construction industry is particularly hard hit when it comes to head injuries. According to OSHA, the construction industry is one of the most dangerous occupations in the U.S. Falls, crushing injuries, and equipment-related accidents can seriously injure Pennsylvania workers.
These cases can be difficult to navigate, particularly for serious occurrences that cause head injuries. […]
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Workers’ Compensation and Dealing with Doctors
A Workers’ Compensation Lawyer Can Help You Navigate Doctors and Treatment
A doctor can have a huge impact on your workers compensation claim, and you’ll want an experienced workers’ compensation lawyer on your side to help you navigate the process. After you suffer a workplace injury and file a workers compensation claim, your insurance company will send you to a company-approved doctor for an exam. This doctor will give you an Independent Medical Exam (IME), and is meant to be a neutral third party who can assess your injuries.
However, these doctors are still hired by the insurance company, so you need to be wary. Their intentions might not be the most altruistic in helping you seek help for your injuries. Insurance companies are not quick to hand out compensation for injuries, […]
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Workers’ Compensation Denial & Appeals
Workers’ Compensation Denial & What You Can Do
If you have received a denial letter for your workers’ compensation claim, it could be for several different reasons. Your employer may deny responsibility for your injury, the insurance company may suspect you have a pre-existing condition, or it may be a simple error with your paperwork. Whatever the reason, if you have been injured at work, you may be able to appeal the denial.
It’s not uncommon for workers’ compensation claims to be denied. This is where a workers’ comp lawyer can help. You are entitled to workers’ compensation benefits when your work duties result in an injury or illness, or aggravate a previous ailment. Benefits include medical bills and lost wages. Contact a work injury lawyer at Munley Law Personal Injury Attorneys for help appealing your denied claim. […]
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Healthcare and Medical Workers’ Comp Lawyer
If you are an injured healthcare employee, then you need a lawyer who can maximize your workers’ comp
Pennsylvania’s #1 workers’ comp law firm is here to help
If you work in the healthcare or medical profession, you spend your time helping sick and injured patients get better. However, you are not immune from injuries and illnesses yourself. In fact, the U.S. Bureau of Labor Statistics reports that out of every industry, healthcare workers face the greatest risk of injury. In other words, medical professionals are more likely to get hurt than construction, manufacturing, or production jobs. When healthcare employees suffer on-the-job injuries, they need to cover their medical and personal costs with workers’ comp. To do so, they need experienced workers’ compensation lawyers who will fight for them. They need Munley Law Personal Injury Attorneys. Call today for a free consultation with one of our award-winning workers’ […]
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