Claim

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?

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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School Bus Accident Lawyer

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If your child suffers an injury while riding a school bus, you may have grounds for a lawsuit. A school bus accident lawyer at Munley Law Personal Injury Attorneys can help you get the compensation you deserve.

When your child has been hurt, you need legal representation you can trust. Since 1959, families throughout Pennsylvania and across the U.S. have turned to the personal injury lawyers at Munley Law Personal Injury Attorneys. Our attorneys have been named among the Best Lawyers in America (via the national legal guide Best Lawyers), Best Law Firms (via U.S. News and World Report), and Pennsylvania’s Super Lawyers. We have built a national reputation on our dedication to accident cases involving large vehicles like trucks and buses. Most importantly, our lawyers get results.

Contact Munley Law Personal Injury Attorneys today for a free consultation. A school bus accident lawyer will review your at no charge, […]

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The Most Dangerous Jobs in America, 2016

workers compensationSome of the most dangerous jobs are the ones that our communities depend on the most. We are thankful to those who put their own safety at risk to help others. As we look ahead to Labor Day Weekend, we’re thinking of the laborers with the most dangerous jobs in the U.S.

Last month, CareerCast released the 2016 list of the most hazardous jobs in America.

Is your job in the top 10?

Top 10 Most Dangerous Jobs

  1. Construction Worker
  2. Correction Officer
  3. Emergency Medical Technician
  4. Farmer
  5. Firefighter
  6. Nursing Assistant
  7. Police Officer
  8. Taxi Driver
  9. Truck Driver
  10. Veterinarian

Not surprisingly, construction tops this year’s list again. In physically demanding industries like construction, injuries are not uncommon.

Similarly, careers involving driving are particularly risky. […]

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Teen in jail, Snapchat speed filter blamed for 107 MPH crash

speed crashA 19-year-old girl is in jail after allegedly causing a 107 MPH car crash outside of Atlanta, GA, while using Snapchat to record her speed.

Snapchat has a filter that allows users to record how fast they’re traveling when they take photos or videos with the app.

As personal injury lawyers who handle car accidents on a daily basis, we can’t help but see the Snapchat speed filter as inherently dangerous, and as an accident waiting to happen. In a society already marred by , this filter seems to contradict every effort to deter cell phone use behind the wheel. While representatives of the app that the speed filter includes a warning not to use it while driving, that seems contradictory to its very function and offers little comfort to the families of those who have been hurt in other accidents involving a speeding, […]

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Medical Errors the 3rd Leading Cause of Death

medical-errorsA recent study from Johns Hopkins found that medical errors are the third leading cause of death in the United States, claiming more lives than any other medical condition except cancer and heart disease.

Unfortunately, this problem is kept out of the public eye because the CDC’s mortality statistics, which rely on death certificate data, don’t capture things like communication breakdowns or errors in that can lead to a patient’s death. As a result, medical mistakes are under-reported. This new study, based on eight years of hospitalization records,  calls for a better way to track medical errors in order to better protect patients.

As personal injury lawyers, we know that there are seemingly endless numbers of things that can go wrong during a patient’s care. Missed or mistaken diagnosis, unnecessary procedures, poor communication, electronic medical record inconsistencies, prescription mishaps, […]

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Fatal ATV Accidents in PA: Tips to Avoid a Deadly Wreck

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It’s becoming a problem:

A  number of recent ATV accidents in our area resulted in serious injury or death.  Three of those occurred within the last month.

All-terrain vehicles, also called four-wheelers or quads,  are popular among both kids and adults, but accidents involving these vehicles can cause severe injuries or of life. Children are able to drive an ATV long before they’re eligible for a learner’s permit to drive a car. There are laws governing ATV use in Pennsylvania, but because many people ride ATVs on private property or in the woods in rural areas, it’s very easy to break those laws. Usually, that’s how people get hurt.

To avoid a potentially devastating ATV accident, everyone who rides an ATV should have a basic understanding of PA’s ATV laws and these safety tips:

1. […]

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