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.
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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Pennsylvania #3 in the U.S. for Deer Collisions
It’s the first day of fall. The new season brings lots to look forward to. But, for Pennsylvania drivers, it also means you’re more likely to encounter a deer on the road.
Pennsylvania is now #3 in the U.S. for deer collisions – up from #4 last year. State Farm estimates that one in 67 Pennsylvania drivers will file an insurance claim for a car accident involving a deer in 2016.
Why does the risk increase in the fall? October through December is deer mating season, which also coincides with hunting season when deer are likely to be on the move. At the same time, days are getting shorter and darkness falls earlier, reducing driver visibility.
Tips to avoid hitting a deer
- Slow down, particularly at dusk and dawn. Especially on rural roads or in wooded areas, […]
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The Most Dangerous Jobs in America, 2016
Some of the most dangerous jobs are the ones that our communities depend on the most. We are thankful to those who put their own safety at risk to help others. As we look ahead to Labor Day Weekend, we’re thinking of the laborers with the most dangerous jobs in the U.S.
Last month, CareerCast released the 2016 list of the most hazardous jobs in America.
Is your job in the top 10?
Top 10 Most Dangerous Jobs
- Construction Worker
- Correction Officer
- Emergency Medical Technician
- Farmer
- Firefighter
- Nursing Assistant
- Police Officer
- Taxi Driver
- Truck Driver
- Veterinarian
Not surprisingly, construction tops this year’s list again. In physically demanding industries like construction, injuries are not uncommon.
Similarly, careers involving driving are particularly risky. […]
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Teen in jail, Snapchat speed filter blamed for 107 MPH crash
A 19-year-old girl is in jail after allegedly causing a 107 MPH car crash outside of Atlanta, GA, while using Snapchat to record her speed.
Snapchat has a filter that allows users to record how fast they’re traveling when they take photos or videos with the app.
As personal injury lawyers who handle car accidents on a daily basis, we can’t help but see the Snapchat speed filter as inherently dangerous, and as an accident waiting to happen. In a society already marred by distracted driving, this filter seems to contradict every effort to deter cell phone use behind the wheel. While representatives of the app claim that the speed filter includes a warning not to use it while driving, that seems contradictory to its very function and offers little comfort to the families of those who have been hurt in other accidents involving a speeding, […]
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Wrong Way Crashes Claim Lives
Since the beginning of this year, eight people have been killed in wrong way crashes in our area alone.
According to WNEP, that number surpasses the total number of wrong-way crash deaths throughout the entire state of PA in the year 2014.
The apparent spike in wrong-way crashes in recent months has law enforcement and PennDOT officials looking at what is causing these crashes and how they can be prevented. PennDOT workers checked the sections of Interstate 81 where the accidents occurred to determine where the wrong-way drivers could have entered the highway going the wrong direction. They found that there were warning signs in place and that the signs were in good condition. So, some officials have started looking to other solutions to stop these kinds of accidents and save lives.
When it comes to preventing a crash with a wrong-way driver, […]
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Medical Errors the 3rd Leading Cause of Death
A recent study from Johns Hopkins found that medical errors are the third leading cause of death in the United States, claiming more lives than any other medical condition except cancer and heart disease.
Unfortunately, this problem is kept out of the public eye because the CDC’s mortality statistics, which rely on death certificate data, don’t capture things like communication breakdowns or errors in judgment that can lead to a patient’s death. As a result, medical mistakes are under-reported. This new study, based on eight years of hospitalization records, calls for a better way to track medical errors in order to better protect patients.
As personal injury lawyers, we know that there are seemingly endless numbers of things that can go wrong during a patient’s care. Missed or mistaken diagnosis, unnecessary procedures, poor communication, electronic medical record inconsistencies, prescription mishaps, and infection can all have tragic consequences. […]
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