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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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.
Types of Workers’ […]
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What is Summary Judgment?
Understanding motions for summary judgment…and how to win them
If you sued a defendant for your injuries or other damages, then you can expect certain legal responses and defenses. While every case is unique, some stages of litigation come up in nearly every lawsuit. Summary judgment is one of those phases. Understanding what summary judgment is and how handle it is key to winning big in your case. As a result, our experienced trial lawyers define summary judgment and provide a guide to using this legal step to maximize your compensation payout.
To discuss the details of your lawsuit for FREE, schedule a consultation with an award-winning Munley Law Personal Injury Attorneys litigator today.
Motions for summary judgment: what they are and what do they do
In order to fully grasp motions for summary judgment, you must have a basic understanding of how lawsuits work. […]
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Can You Sue Uber for Accident Injuries?
Uber and Lyft crashes: Can rideshare passengers sue?
If you were a passenger in a car or SUV that crashed, you may be wondering if you can sue Uber for your accident injuries. The nation’s #1 crash lawyers explain.
Last year, more than 5 million Uber driver took Americans on 6.9 billion trips. As such, the rideshare app brought in an annual net revenue of 14.1 billion. Lyft finished out the year with 23 million active users and 3.6 billion in revenue. In many ways, these innovative apps positively change how we think about transportation and the gig economy. At the very least, they alter how many of us get from Point A to Point B.
However, rideshare apps like Uber and Lyft also contribute to a growing danger in the United States. According to researchers at the Massachusetts Institute of Technology (MIT), […]
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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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Pennsylvania Workers We Represent: Industry-Specific Expertise
While Pennsylvania workers’ compensation law protects all employees, each industry presents unique workplace hazards, injury patterns, and legal challenges requiring specialized knowledge. At Munley Law, our Pennsylvania workers’ compensation lawyers understand that a manufacturing plant accident differs significantly from a healthcare worker injury, and a utility worker’s occupational disease claim involves complexities that warehouse accident cases don’t encounter.
Our attorneys have developed expertise in the challenges facing Pennsylvania’s most high-risk industries. We know the federal regulations that govern your workplace, the types of injuries common in your field, and the insurance company tactics used to minimize claims in your industry. This specialized knowledge differentiates between a basic workers’ compensation settlement and maximum benefits that account for your industry’s risks.
If you were injured while on the job anywhere in Pennsylvania, Munley Law is here to help. Contact our workers’ comp team today for a free consultation. […]
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Workers’ Compensation and Occupational Illnesses
If your job caused an occupational illness, then you need a workers’ compensation lawyer who will fight for you
Maximize your benefits with the leading workers’ comp attorneys at Munley Law Personal Injury Attorneys
The Bureau of Labor Statistics (BLS), a subdivision of the United States Department of Labor (DOL) tracks the number of workplace illnesses each year. According to the BLS, 2.8 million Americans suffered on-the-job injuries and illnesses last year. Most employees know that they can file for workers’ compensation after suffering a workplace injury. However, many sick workers do not realize that they can get workers’ comp benefits for work-related illnesses as well. For example, employees who are sick with illnesses like black lung disease, asbestosis, and even COVID-19 may be eligible. If your job conditions made you sick, you are entitled to seek workers’ compensation for your occupational illness. […]
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Truck Accidents and Expert Witnesses
Expert Witnesses in Truck Accident Cases: FAQ
When you have a personal injury case involving a commercial truck, the stakes are high. Truck accident cases depend on highly specialized information including industry regulations, truck mechanics, and the long-term medical and economic impacts of your crash. To build a winning case, you will need the testimony of reliable witnesses, so it is essential that you have a lawyer who can bring in the right witnesses.
Who May Testify in Court As a Witness?
Not everyone has the right to come to court and testify in a truck accident case. In order to take the stand and answer questions before a jury during a live court proceeding, a person must qualify to give testimony as a fact witness or an expert witness.
As their name suggests, fact witnesses may testify about events that they observed firsthand. […]
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Frequently Asked Questions About Sepsis
Sepsis FAQ: I Was Diagnosed with Sepsis–Can I Sue the Hospital?
What is sepsis and is it serious?
According to the Center for Disease Control and Prevention (CDC), sepsis is the body’s extreme inflammatory response to an infection that occurs when harmful germs, bacteria, and toxins enter the blood, skin, lungs, urinary tract, or other tissue and cause an infection. If that infection is not treated, it can spread and cause sepsis.
The CDC classifies sepsis as a life-threatening medical emergency, sometimes resulting in the need for amputation, organ failure, and death.
Sepsis has a remarkably high mortality rate; about 50% of the 1.5 million people who contract it go into septic shock.
What Causes Sepsis?
Any infection can cause sepsis, but the most common types of infections that eventually lead to sepsis are:
- Pneumonia and Other Lung Infections
- Urinary Tract Infections
- Abdominal Infections
- Bloodstream Infections
- Kidney Infections
- Skin Infections
According to the CDC, […]
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Business Interruption Insurance
Business interruption insurance is designed to cover the loss of income normally earned by a business as a result of the forced suspension of operations. Unlike property insurance, which covers physical damage, business interruption insurance protects against lost income while the business is closed, and during the rebuilding period after the closing.
Given the current coronavirus pandemic, the Governor of the state of PA, along with governors in many states throughout the country, has issued a state-wide mandate requiring all non-essential businesses to close. As a result, businesses are looking to their business interruption insurance to help them survive.
Most business interruption policies will cover:
Profits that would have been earned, based on prior financial statements
Fixed costs still being incurred despite the closure
Extra expenses to allow the business to continue to operate until a return to more normal circumstances
Employee wages to allow you to retain your employees
Taxes to allow you to remain current on taxes and avoid penalties
Loan payments
When businesses are allowed to re-open, […]
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Commercial Drivers, COVID-19, and Workers’ Comp
We rely on truck drivers and commercial delivery drivers for the food, medicine, household supplies, and other goods we use every day. Never has that been more clear than now, as the U.S. battles the coronavirus pandemic. From personal protective equipment to groceries and toilet paper, we have what we need to survive all thanks to these drivers.
Trucking has always been a tough job, and that’s especially true in times of crisis. Drivers may wonder: will the pandemic affect my eligibility for workers’ comp if I get hurt? What are my options if I get sick with COVID-19 while working?
If you’re hurt on the job (in a crash, at the delivery location, loading or unloading your truck…), you have the right to collect workers’ compensation benefits, even during a national emergency. If you worry about your claim being denied by your employer or their insurance company, […]
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Bloomsburg Car Accident Lawyer
Have you been injured in a car accident in Bloomsburg? Contact a car accident lawyer at Munley Law Personal Injury Attorneys today for a FREE consultation.
When you or your loved one have been injured in a car accident in the Bloomsburg area, your choice of legal representation matters. The car accident attorneys at Munley Law Personal Injury Attorneys have a long history of winning cases. Our lawyers have earned national recognition for their success, and have been named among the Best Lawyers in America (via Best Lawyers), Pennsylvania Super Lawyers, and the nation’s Best Law Firms (U.S. News and World Report).
For more than 60 years, the car accident attorneys at Munley Law Personal Injury Attorneys have been handling auto accident claims for injured victims and their families in Columbia County and beyond. […]
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Judge says Monsanto cancer case can move forward
Earlier this week, a federal judge ruled that lawsuits against agricultural giant Monsanto could proceed and that key plaintiffs’ witnesses may testify. The lawsuits allege that Monsanto’s weedkiller Roundup caused users to develop cancer.
This move represents a win for victims, but they will still face an uphill battle at trial, as the judge called their claims “shaky” but admissible.
Thousands of individual plaintiffs claim Monsanto’s widely used weedkiller RoundUp caused them to develop cancer and that Monsanto provided no consumer warning. Specifically, the lawsuits link the ingredient glyphosate to an increased risk of non-Hodgkins lymphoma, and claim that the company knew about the risk and failed to warn the public, going so far as to suppress research that suggested the product was dangerous. The ingredient glyphosate is considered a probable human carcinogen according to the World Health Organization’s International Agency for Research on Cancer. […]
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Uber will no longer force assault victims to arbitration
Uber will no longer force the use of private arbitration for riders, drivers or employees who claim that they have been sexually assaulted or harassed. Rather, these cases can now be brought to court and be heard by a jury.
Until now, riders waived their constitutional right to a trial when they signed Uber’s user agreement. Now, anyone who claims that they have been sexually assaulted or harassed as an Uber rider, driver, or employee can have their individual cases brought to court and be heard by a jury. Uber will also end the requirement that victims who accept settlements through arbitration must sign confidentiality agreements that prevent them from talking about their experiences.
The policy change does not include other forms of harassment.
Arbitration used to silence victims of assault and harassment
Because of confidentiality agreements, the company has been able to keep the issue out of the press. […]
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Hazleton Pedestrian Accident Lawyer
You were walking or jogging in Hazleton and, in an instant, everything changed. Something happened and all of a sudden you were on the ground in pain, wondering how you would be able to provide for your family.
You were injured in a pedestrian accident that wasn’t your fault.
Now it is up to you to try to put the pieces back together.
Pedestrian accidents are an all-too-common occurrence. From driver negligence to poor crosswalk engineering, there are numerous factors that can create circumstances in which pedestrians are helpless to avoid being injured. While pedestrian accidents can – and generally should – be avoided with safe driving, they continue to occur on a routine basis. Those who are at fault deserve to be held legally and financially accountable.
At Munley Law Personal Injury Attorneys, we are committed to fighting for injured pedestrians in Hazleton, […]
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Hazleton Catastrophic Injury Lawyer
If you or a loved one experienced a catastrophic injury as the result of a traumatic accident, it is critical that you get the right legal representation. Our attorneys have decades of experience representing accident victims in Hazleton and throughout Pennsylvania.
A catastrophic injury can impact your life in more ways than most people can comprehend. From chronic pain and limited mobility to physical disabilities and emotional trauma that interfere with your ability to work and enjoy life, suffering a catastrophic injury can truly mean that life will never be the same.
If you or a close family member has been diagnosed with a catastrophic injury as a result of an accident in which another person or company was to blame, you deserve compensation for your injury-related losses. While no amount of money can truly restore what you have lost, asserting your legal rights can be critical to your recovery and your family’s long-term financial stability. […]
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Pottsville Medical Malpractice Lawyer
If you or someone you love suffered due to medical negligence in the Pottsville area, contact a Pottsville medical malpractice lawyer at Munley Law Personal Injury Attorneys for a free consultation
When someone suffers harm because of medical mistakes or failure to follow a standard of care, the negligent caregiver should be held responsible. As the patient or patient’s family member, you may be eligible for financial compensation for your suffering. The medical malpractice lawyers at Munley Law Personal Injury Attorneys can help. For nearly 60 years, our personal injury lawyers have helped people like you who have been harmed by medical errors or negligence.
Medical malpractice cases are often very complex. It is vital that you consult with an experienced medical malpractice attorney in Pottsville to ensure your have the best chance of recovering full and fair compensation for your losses. […]
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Drugged driving a greater concern than drunk driving
Opioid addiction, drug use, and reliance on pain medication have come into the national and local spotlight as they claim more and more lives. A new study has illuminated another side of this issue: drugged driving is on the rise.
“The number of American drivers killed in car crashes in which drugs were detected has eclipsed those killed in crashes where only alcohol was found.”
The Governors Highway Safety Association and the Foundation for Advancing Alcohol Responsibility found that 43% drivers killed in crashes tested positive for drugs, illegal and prescription, compared to 37% who tested positive for just alcohol.
Drugged driving is more complicated than drunk driving
The data in this study is imperfect. The study only reflects drivers who were tested; not all drivers in all states get tested after a fatal crash; this doesn’t include fatal accidents in which the driver was not killed, […]
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Pennsylvania Among the U.S. States with the Most Dog Bites
Dog Bite Prevention Week
April 9-15 is Dog Bite Prevention Week. The American Humane Association, the U.S. Postal Service, and other groups observe this week each year in an effort to help reduce the number of dog bites nationwide.
This year, multiple reports have come out indicating that dog bites increased in 2016. According to the USPS, More than 6,700 postal workers suffered a dog bite last year. That’s 200 more than in 2015. Some researchers connect this increase with the growing popularity of online shopping and home delivery services.
The Insurance Information Institute and State Farm also report that dog bites increased by as much as 18% overall last year. Note that this number may other types of include dog-related incidents – not just bites.
Which states experience the most dog bites? Pennsylvania ranks #4 in the country, […]
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Some Valuable Information about Nail Gun Accidents
Nail guns are extremely valuable tools to both the construction industry and regular consumers. Unfortunately, the Center for Disease Control and Prevention (CDC) reports that nail gun accidents account for approximately 37,000 emergency room visits each year. Of those injured, nearly seventy percent were injured in the course of their employment. The balance of the people were consumers using the nail guns for non-business related tasks.
It’s not difficult to imagine how a nail gun accident might occur. For those who are injured while at work, it is important to file a workers’ compensation claim. You can find answers to many of your questions concerning workers’ compensation procedures here.
What if there was a problem with the nail gun? Whether you were injured in the course of your employment or not, you may have another type of claim. This is known as a products liability action and may be pursued if there is evidence that the nail gun caused the dangerous condition resulting in injuries. […]
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On the Job Injury Lawyer
When you are injured on the job, workers’ compensation exists to cover your medical costs and your lost wages while you’re out of work. However, you may face roadblocks to getting the benefits you need.
If you were injured while on the job, it’s best to consult an attorney about what your next steps should be. For more than 55 years, the Scranton on the job injury lawyers at Munley Law Personal Injury Attorneys have been helping injured workers throughout Pennsylvania get the compensation they deserve. For decades, our attorneys have earned national recognition for their work on behalf of injured claimants. The legal guide Best Lawyers named Chris Munley Workers’ Compensation Lawyer of the Year, 2016. For a free consultation about your work injury, fill out our email form or call [phone-number] today. We do not collect a fee unless we obtain benefits for you. […]
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