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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Determining the Settlement Value of Your Accident Case
Figuring out how much your accident case is worth
After suffering injuries from a car, truck, SUV, bus, or pedestrian crash, your life may be very different. While some accident victims can go back to their jobs, many are temporarily or permanently unable to work. Other victims require additional surgeries, rehabs, or treatments. Likewise, some suffer permanent disabilities that will require ongoing treatment for the rest of their lives. Undoubtedly, the pain and suffering that follows a catastrophic crash takes its toll on both the accident victim and their loved ones. Even the simplest tasks and every day chores can suddenly feel overwhelming. Moreover, the costs of all of these changes are often astronomical. Between medical bills, lost wages, rehabilitation costs, equipment and home modifications, and replacement services, the bills quickly stack up.
Luckily, there is a way to get some financial help. Filing a claim against the responsible actors can get you compensation to cover these expenses. […]
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What To Do After a Hit-and-Run Accident
After a hit-and-run accident, take action
The nation’s best personal injury lawyers explain what to do after a hit-and-run automobile crash
According to the American Automobile Association (AAA), there are 682,000 hit-and-run accidents in the United States every year. The moments after a serious accident are the most frightening. The crash scene may be chaotic and you may feel confused, stressed, and seriously in pain. Additionally, these feelings will likely be amplified if you are the victim of a hit-and-run accident. However, taking a moment to learn how to proceed when the driver who hit you flees the scene of the collision can make a world of difference. Accordingly, our award-winning car and truck crash lawyers explain what to do and what not to do after a hit-and-run accident.
If you’d like to discuss the details of your accident, schedule a free consultation with a leading personal injury lawyer from Munley Law Personal Injury Attorneys today. […]
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Going on a Labor Day Road Trip?
Considered the season’s last hurrah before autumn sets in, the Labor Day long weekend is almost here. It’s the perfect time to get one last taste of summer. Americans will be hitting the road in great numbers. Now, that some of the COVID-19 restrictions have eased in our area, people are looking forward to reconnecting with family and friends they haven’t seen in a while. According to Travel Agent Central, 72 percent of traveling Americans prefer to to drive this year.
Labor Day is the 5th Deadliest Holiday
Unfortunately holidays also see an uptick in car crashes resulting in serious injury and death. Almost 400 people died last year in car accidents during the Labor Day holiday period. The car has the highest fatality rate per passenger of any major form of transportation. There are over 45,000 injuries that require medical attention from car crashes during the holiday period. […]
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What is the leading cause of workplace fatalities?
The leading cause of work-related fatalities
Overwhelmingly, motor vehicle accidents are the leading cause of workplace fatalities in the U.S. Car and truck crashes account for 40% of job-related deaths each year, according to the National Safety Council. Motor vehicle accidents are the #1 or #2 cause of job-related death across all industry groups.
Motor vehicle workplace deaths by industry
All workers can be at risk of a fatal work-related crash, whether or not driving is a major part of their job duties. Of course, some industries are more prone than others. Not surprisingly, workers who drive a vehicle as a primary part of their job including truck drivers, delivery drivers, and first responders face the highest risk. Consider the fact that one in three long-haul truck drivers have experienced a serious crash during their career. Motor vehicle accidents were responsible for half of workplace fatalities in the gas and oil extraction industry and 46% of work-related deaths for EMS first responders. […]
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Employees sue companies in public nuisance lawsuits
COVID-19, workplace protections, and public nuisance lawsuits
The coronavirus pandemic has drawn attention to issues related to workplace safety and employee protections.
This week, the Pennsylvania Department of Health issues a new order requiring hospitals to better protect healthcare workers from the coronavirus. Hospitals will be required to provide respirators to staff involved in direct care of COVID-19 patients, replace soiled or damaged respirators on request, require universal masking, and notify staff members who have been in close contact with someone who has tested positive for COVID-19. They must also provide testing for their workers. These changes come after months during which nurses and other healthcare workers complained of inadequate protections, rationing PPE, and other safety concerns.
Workers suing McDonalds, Amazon test public nuisance theory in workplace safety lawsuits
Employees at McDonalds and Amazon seeking better workplace conditions have taken legal action against their employers. […]
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