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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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. […]
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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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Defective Consumer Products Lawyer
If you have sustained an injury from an appliance, a toy, a piece of furniture, or a medication, contact a defective consumer products lawyer at Munley Law Personal Injury Attorneys. Since 1959, our firm has worked to establish a reputation as industry experts in personal injury law. We have earned the highest client and peer ratings, and have been named among the Best Lawyers in America. Our own Marion Munley was named Product Liability Lawyer of the Year, 2017, for her work on behalf of injured plaintiffs. Call [phone-number] or fill out our email form today. The consultation is FREE, and we do not charge a fee for our services unless we win your case.
If you were injured by a defective consumer product, it’s wise to speak with an attorney who is knowledgeable in product liability cases. For more than 55 years, […]
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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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Single Vehicle Accident Lawyer
Not all car accidents involve more than one vehicle; sometimes, it can just be a single vehicle. When this happens, you may be wondering how to proceed with your insurance. After all, who else is to blame for your accident? How will you be able to recover for your injuries? Who will pay for the damages?
When you get in a single vehicle accident, before talking to the insurance company, your first call should be to the Scranton personal injury law firm Munley Law Personal Injury Attorneys. With more than 55 years of experience in personal injury law, our team of award-winning auto accident lawyers are ready to help you get the compensation you need to recover from your injuries. We’ve helped thousands of clients in many forms of accidents and we can help you with your case.
Who May Be Responsible for Your Single Vehicle Accident
Despite what you may feel, […]
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