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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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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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, […]
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How long does it take to resolve a personal injury case?
How Long Does It Take to Resolve a Personal Injury Claim?
One of the most common questions that our clients ask is: how long it will take to settle my personal injury case? Unfortunately, no lawyer can answer that question for certain because every case is different and it can take time to reach the best outcome possible (if you encounter a lawyer who claims to be able to resolve your case in a fixed time period, that may be a red flag). And of course, if the insurance company refuses to offer an acceptable settlement, your case may go to trial which will extend the timeline a bit further.
To help you understand what to expect in a personal injury case, our experienced personal injury litigation team at Munley Law Personal Injury Attorneys explain the timeline of a typical case and the factors that can impact your recovery. […]
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