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.
More information about Claim
Do I Have to Go Back to Work After My Workers Compensation Ends?
Returning to Work After Workplace Injury
If you’re currently receiving workers compensation benefits after an injury on the job, you could be wondering: “Do I have to go back to work after my workers compensation ends?” You must only return to work after a medical professional has evaluated you and confirmed you are recovered from your injury.
Your employer and your employer’s insurance company have a financial interest in seeing you return to work sooner. However, you should only return to work once you have recovered fully from your work related injury.
If you are feeling pressured to return too soon, or want to understand if you have a workers compensation claim to begin with, contact Munley Law Personal Injury Attorneys today for a free consultation. An experienced workers’ compensation attorney can help guide you through the workers’ […]
Read MoreMore information about Claim
Do All Workers Compensation Cases End in a Settlement?
Understanding Workers Comp Settlement Cases
While it’s true the vast majority of workers compensation cases end in a settlement, there are occurrences where it could end in court. Usually, the insurance or employer can come to an agreement with the injured employee that works best for both sides.
However, if you’re asking “Do all workers compensation cases end in a settlement?” the answer is no. If for any reason, there is not an agreed settlement, a workers compensation case can be sent to a judge to make a ruling.
To ensure you receive maximum compensation, or in the case of a trial, the best representation, you should have an experienced lawyer by your side. The workers compensation lawyers at Munley Law Personal Injury Attorneys have been representing the hardworking people of Northeastern Pennsylvania for more than 60 years. […]
Read MoreMore information about Claim
Are Slip and Fall Accidents Hard to Prove?
Are Slip and Fall Accidents Hard to Prove?
Proving negligence in a slip and fall accident comes with its own complications. Were you not paying attention? Was the property it occured on your own? Or did it happen in a public space?
Though proving negligence in a slip and fall accident can be difficult, it is important to do so if you want to seek recovery for the damages you incurred.
At Munley Law Personal Injury Attorneys, we know how critical these personal injuries cases are to your overall recovery. We have been helping slip and fall accident victims for more than 60 years and we’re ready to help ensure you get the compensation you deserve.
Components of Negligence in Slip and Fall Accidents
Following a slip and fall, your main priority is to seek medical attention. […]
Read MoreMore information about Claim
How Common Are Slip and Falls?
Slip and Falls Accidents are Very Common
Slip and fall accidents remain one of the most common causes of injury in the United States with more than 3 million older adults being treated in emergency rooms for fall injuries each year. Further, slips, trips, and falls remain the most common cause of injury in retail stores.
While these accidents are common, they also can be costly. Learn more about the common causes, injuries, and costs of slip and fall accidents and how the slip and fall lawyers at Munley Law Personal Injury Attorneys can help.
What Are Common Causes of Slip and Fall Accidents?
Slip and fall accidents can occur anywhere– in residential, commercial, industrial, and public places. Because of this, there is a responsibility for everyone to keep spaces clear and free of hazards. Unfortunately, […]
Read MoreMore information about Claim
How Long After a Slip and Fall Can You Sue?
Determining When to Sue in a Slip and Fall Case
The state you live in and laws surrounding personal injury and wrongful death ultimately determines how long after a slip and fall you can sue. While state laws take into account the amount of time it takes to file a claim with insurance, partake in negotiations, and in some cases, go to trial, should you miss the statute of limitations, you lose the right to seek legal recourse against the party who owned the property and caused your injury.
Learn more about slip and fall statute of limitations and how Munley Law Personal Injury Attorneys can help get the compensation you deserve for your losses.
Pennsylvania, New York, New Jersey, and Delaware Slip and Fall Statute of Limitations
For more than 60 years, […]
Read More
