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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The Use of Medical Experts in Personal Injury Cases
Many forms of evidence and documentation can help you show you deserve compensation when filing a personal injury claim or lawsuit. Often, victims can strengthen their cases by coordinating with medical experts to provide testimony.
The specific way a medical professional can help with your case will depend on factors ranging from the severity of your injuries to whether you settle out-of-court or go to trial. Contact Munley Law today to learn more about how our network of medical experts can help when fighting for compensation in your personal injury case.
Why Medical Expert Testimony Is Critical to Your Case
The involvement of medical experts often determines whether a victim receives the full compensation they deserve for their injuries.
Depending on the circumstances, medical experts play many potential roles in personal injury cases. For instance, a medical expert may help build a personal injury case by testifying to the cause of a victim’s injuries. […]
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Wrong-Way Car Crash Leaves Multiple Injured in Cumberland County, PA
Multiple people were injured following a wrong-way crash along U.S. Route 15 in Cumberland County on January 18.
According to news reports, the accident occurred around 4:40 p.m. on the northbound side of the road. According to the Upper Allen Township Police Department, the vehicle had entered the northbound lanes near mile marker 41.5 and traveled south for at least four miles before the crash.
Police say the wrong-way driver struck at least four other vehicles around mile marker 37. As emergency personnel responded to the scene, both north and southbound sides of Route 15 were shut down.
Multiple people suffered serious injuries in the accident. According to the Pennsylvania Department of Transportation, one person was flown to Penn State Hershey.
Police are investigating the crash.
Wrong Way Car Accidents in Pennsylvania
Wrong-way driving accidents represent some of the most dangerous accidents in Pennsylvania. […]
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Philadelphia Duck Boat Accident Lawyer
When people think of duck boats, they usually think of a fun tourist activity to explore a new city. But if you’re searching for a Philadelphia duck boat accident lawyer, you know they can lead to a horrible boating accident, road collision, or pedestrian accident. If you or your loved one has suffered duck boating-related injuries or death, you need a lawyer well-versed in this unique area of law to ensure you receive the compensation you deserve.
Understanding Duck Boat Accidents in Philadelphia Waters
Unfortunately, deadly incidents involving duck boats are a part of Philadelphia history. Perhaps the most notorious of these accidents occurred in 2015 when two tourists were killed when a tugboat-guided barge crashed into a Ride the Ducks boat in the Delaware River. The tugboat driver was charged with manslaughter after it was found that the deadly boat accident was caused because he was playing around on his phone and laptop. […]
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Maximum Medical Improvement in Workers’ Compensation
Achieving Maximum Medical Improvement (MMI) is an important step in workers’ compensation cases, signifying that a person’s condition has reached a stable point and that no major improvements are anticipated. However, this doesn’t mean you’re fully healed. Many workers mistakenly assume that once they reach MMI, they are completely recovered.
In reality, they may still experience ongoing pain and limitations or require future care. It’s important to understand the implications of MMI on your benefits and compensation, as it can impact your settlement and eligibility for permanent disability benefits. Our experienced attorneys can help you handle this phase and ensure your rights and future needs are fully considered.
Understanding Maximum Medical Improvement (MMI) in Workers’ Comp Cases
Maximum Medical Improvement (MMI) marks when your injury stabilizes, not when you’re fully recovered. Think of it as reaching a plateau in your medical treatment, where further care is unlikely to significantly improve your condition. […]
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Workers’ Comp vs Personal Injury – What’s the Difference?
If you’ve been seriously injured, you may be drowning in medical bills, financially struggling, and unsure where to turn. Everyone seems to have advice, and you hear the words workers’ comp and personal injury thrown around a lot. While both provide compensation after an accident, it is important to understand the differences to determine the best option in your case.
Key Differences Between Workers’ Compensation and Personal Injury Claims
Both workers’ compensation and personal injury claims relate to injury, so you may wonder, what is the difference?
Workers’ Compensation
An injured employee can file a workers’ compensation claim when injured at work or through the scope of their employment. Workers’ compensation aims to protect injured workers first and foremost.
Personal Injury
These lawsuits are appropriate when a third party has injured you. Personal injury claims are your best option if you have suffered an injury that is not work-related (for example, […]
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