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 Dangers of Driving Drowsy
Driving impaired doesn’t have to mean driving under the influence of drugs or alcohol. It can also mean driving while drowsy—a practice that leads to more than 100,000 crashes each year, according to the National Highway Traffic Safety Administration. Of this total, 40,000 injuries and 1,500 deaths are reported. In fact, a study showed that driving while being awake for 18 hours was the same as driving with a blood alcohol level of .05. Driving after being awake for 24 hours was equal to a blood alcohol level of .10—a level of .08 is legally drunk.
As with drunk driving, sleep-deprived driving also inhibits a person’s reaction time, judgment, and vision; causes problems with information processing and short-term memory; decreases awareness, and increases aggressiveness.
Unfortunately, in the commercial truck driving culture, getting behind the wheel, […]
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Your First Steps After a Slip and Fall
An unmarked area of spillage on a hotel lobby’s floor. An unmaintained stairwell that’s missing the proper railing. An untreated patch of ice on a train platform. These are all examples of potential safety hazards that could lead to a dangerous slip and fall for anyone in the vicinity.
According to the National Safety Council, “Falls are one of the leading causes of unintentional injuries in the United States.” Reportedly, falls account for 8.9 million visits to emergency rooms each year, as well as more than 25,000 fatalities — an occurrence that can increase with age. Falls can happen on the job, at a restaurant, at a grocery store, at a school, and even at a private residence.
Regardless of who you initially think may be at fault, there are certain action steps you should take to protect yourself and your legal rights if you ever find yourself in such a situation:
- Keep calm and call for help. […]
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Medical Malpractice Frequently Asked Questions
Medical Malpractice Questions and Answers
What is medical malpractice?
Legal definitions vary slightly from state to state, but as a general rule medical malpractice (also known as medical negligence) means that a health care provider caused injury or death to a patient by failing to act within the applicable standard of care. Essentially, a physician or other health care provider commits medical malpractice and is negligent when he or she fails to act in a reasonable way under the circumstances and the unreasonable conduct causes harm.
How can I find out if I have a case?
Because medical malpractice law is very complex, the best way to know is by talking to an experienced medical malpractice lawyer. Be sure to tell the lawyer exactly what happened to you, from the first time you visited your doctor through your last contact. […]
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Pennsylvania personal injury lawyer: More accidents may be tied to GM faulty ignition switch
In what the New York Times reported as the most concrete movement yet that GM intended to compensate victims and their families, the lawyer hired by GM to determine compensation of victims of GM cars with faulty ignition switches met last week with lawyers representing hundreds of people and their families who claim they were affected by accidents involving the vehicles.
This may mean that that the potential number of those affected is much larger than the 13 deaths and 32 crashes that GM has previously admitted are linked to the faulty ignition. The Los Angeles Times reported in March that there could be as many as 303 deaths linked to those faulty ignition switches. This was based on a new report commissioned by the Center for Auto Safety, an independent watchdog group. GM vigorously challenged the report, stating that other issues could also have caused the 303 deaths. […]
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Workers’ Compensation Questions & Answers
Frequently Asked Workers’ Compensation Questions
Q: I’ve Been in an Accident at Work. What’s the First Thing I Should Do?
A: Right after a job-related accident, no matter how minor it may seem, you should immediately report your injury to your supervisor and make sure that a written record is made. Once you report the injury, seek medical assistance as soon as possible to learn how severe the injury is and get treatment. Both these two steps are crucial for your claim. If you fail to report the accident to your supervisor as soon as possible, your claim may be denied.
Q: Is There a Statute of Limitations for Workers’ Compensation Cases?
A: Under Pennsylvania law, a notice of any injury suffered while on the job must be provided to a supervisor at your place of employment within 120 days of the date of injury. […]
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