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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How Old Do You Have to Be to Bring a Personal Injury Case?
To file a personal injury lawsuit independently, you must be 18 years old in most states. However, if you’re under 18, your parents or legal guardians can file a claim on your behalf. The statute of limitations is typically paused until you reach 18, at which point you have the standard period (usually 1-3 years, depending on your state) to file. While minors can’t file directly, there’s no minimum age limit for having a case brought on your behalf – parents can pursue claims for injuries that occur at any age, from birth onward.
Personal Injury Cases and the Protections in Place for Minors
When a child is injured due to someone else’s negligence, understanding the legal process helps protect their rights and secure their future. While adults can immediately file lawsuits, the rules are different—but not more difficult—when minors are involved. […]
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Will My Employer Hold My Job While I Recover From a Work Injury?
Workers’ compensation benefits offer you a lot of things, like compensation for medical care, specific loss benefits, and payment of lost wages. But it doesn’t guarantee you’ll have a job to return to once your work-related injury or illness has recovered.
Pennsylvania is an at-will employment state, which means you can be let go from your position at any time, so long as it is not for a discriminatory reason. That would include filing for workers’ comp.
However, if your employer needs your job position to be active, for example, if you’re a full-time employee for a construction firm and are in the middle of a deadlined build, they have a right to replace you. But, when you return, they must offer you a suitable job replacement.
The only way to avoid at-will employment laws is to have stipulations in your employee contract or belong to the union. […]
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Defective Medical Device Attorney
A medical device is meant to support your health. Unfortunately, defective medical devices result in numerous injuries and deaths throughout the U.S. every year.
Has a medical device defect left you or a loved one with injuries? Compensation may be available. Learn more by reviewing your case with a defective medical device lawyer. At Munley Law, our team is on hand to fight for the compensation you deserve. Get started by contacting our product liability lawyers today for a free consultation.
Types of Defective Medical Device Cases We Handle
Defective medical devices can come in many forms. The following are a few examples of common medical device defects:
- Hip implant defects: A defective hip implant could become dislocated, cause injury due to metal parts, cause pain, cause infection, and other such issues.
- Surgical mesh defects: There are many ways a defective surgical mesh can cause injury, […]
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Tire Defect Attorney
Tire defects can render an otherwise safe vehicle too dangerous to drive. Unfortunately, it’s not always immediately clear when a tire is defective. Tire failures often strike without advanced warning.
Have you been hurt in a tire blowout or other tire-related accident? Compensation for your medical bills and related losses may be available.
Speak with an experienced tire defect lawyer for more information about your case. At Munley Law, serving the area for decades, we can offer the representation you need when facing off against large insurers and tire makers. Learn more by contacting our product liability attorneys today for a free consultation.
Understanding Tire Defects and Their Dangers
Tire defects come in several forms, including:
- Tread separation
- Punctures
- Damaged sidewall
- Cracks
Defective tires can cause accidents by causing loss of vehicle control. […]
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Harrisburg Car Accident Lawyer
A Harrisburg car accident lawyer from Munley Law understands how overwhelming a crash can be, especially when dealing with injuries and complex insurance claims. For 65 years, our experienced legal team has helped Harrisburg residents navigate Pennsylvania car accident laws and secure the compensation they deserve after accidents caused by negligent drivers or poor road maintenance. Contact us today for a free, no-obligation consultation, and let our trusted attorneys guide your path to justice. There is no fee unless we win your case.
Understanding Car Accidents in Harrisburg
In the heart of Pennsylvania, the city of Harrisburg witnesses a dynamic mix of traffic, from bustling intercity commutes to serene countryside drives. However, this traffic flow also leads to a significant number of car accidents. Dauphine County reported 2,761 crashes in 2023.
Every Harrisburg auto accident injury claim hinges on negligence, […]
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