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.
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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Teenage Girl Killed by Exploding Takata Airbag
Last week, a seventeen-year-old girl from Texas was killed by an exploding Takata airbag in her Honda Civic. Hers is the 10th death in the U.S. tied to Takata’s malfunctioning airbags.
She should have “walked away”
Huma Hanif’s airbag deployed and ruptured, sending metal shrapnel into her neck when she rear-ended another driver in what police described as a “moderate” crash. According to the lead investigator on the case, the girl was not speeding, and the accident was so minor that everyone involved should have been able to walk away without serious injuries, if not for the exploding airbag.
Instead, Huma died at the scene.
So far, 14 automakers have recalled 24 million vehicles in the U.S. to replace the faulty airbag inflators that can become unstable and rupture. Millions of additional vehicles equipped with Takata airbags have not yet been recalled. […]
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Fatal ATV Accidents in PA: Tips to Avoid a Deadly Wreck
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 loss 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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Precarious Situations: Why Ladders Cause So Many Injuries
Do you use a ladder at your job? Whether it is just once in a while or as part of your everyday job duties, one mistake can result in a serious fall.
Falls are among the most common types of work-related injuries, and many of these occur on step ladders, expansion ladders, straight ladders, and combination ladders. Approximately 90,000 people are treated in the emergency room for ladder-related falls each year, and almost 1,000 of those falls are fatal. Even if you are comfortable getting up on a ladder as part of your job, accidents can happen to anyone.
Jobs with the Highest Risk for Falls
Not surprisingly, the occupations most at risk for a fall from a ladder include roofers, painters, electricians, construction workers, service and repair technicians, and other skilled trades that require physical labor, climbing, and lifting. However, […]
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Amtrak Investigation Continues, Lawsuits Begin
Deadly Amtrak crash still under investigation, attorneys concerned over 1997 damages cap of $200M
Four passengers and one of the conductors on board the derailed Amtrak train 188 have filed lawsuits against Amtrak as the investigation continues. Amtrak service between Philadelphia and New York resumed this morning with Michael Nutter, mayor of Philadelphia, there to see passengers off.
Speculation as to the official cause of the crash is still going on
Was an object hurled at the train moments before the crash? Does it matter? While the object may not have done damage to the train itself, some say it could have alarmed, distracted, or even wounded the conductor, who says he has no memory of the crash or the final moments leading up to it. A“black box” data recorder will give a more accurate reading of the train’s speed, […]
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Spending bill alarms truck safety advocates
Once again, the trucking industry is making people nervous.
While I was doing research for this blog post yesterday, a tractor trailer accident in our area had Interstate 81 shut down for most of the day. The driver of the truck lost his life.
Trucking is a major industry across much of the country, including in our home region of NEPA. With all these large tractor trailers on the road alongside comparatively tiny passenger vehicles, the number of heavy trucking accidents has been rising for the last four years. You’d think, then, that safety would be more of a concern for lawmakers and industry officials. Unfortunately, not everyone sees it that way.
As truck accident lawyers, this is something we feel strongly about. This post will cover what you should know about how these changes could affect you.
A new spending bill includes a provision that has highway safety advocates up in arms. […]
