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.
More information about Claim
Allentown Workers’ Compensation Death Benefits
Does Workers’ Compensation Pay for Death Benefits?
Under Pennsylvania’s workers’ comp laws, a deceased workers’ family member can file a claim when an employee dies while on the job, so long as workplace injuries or death happened on the job. Unfortunately, employers and insurance companies may deny workers’ compensation death benefits to the surviving family members, even though the injured workers’ claims are valid. When this happens, an Allentown workers’ compensation attorney can help your family receive the compensation you deserve.
How Much Compensation Can a Family Receive After a Worker Dies?
The compensation a family can receive following a worker’s death is calculated as a percentage of the deceased worker’s weekly salary. There is a weekly maximum on death benefits set by Pennsylvania law based on the state’s average salary.
In Pennsylvania, roughly 85 employees died in 2021 as a result of work-related accidents. […]
Read MoreMore information about Claim
Do You Always Get A Settlement From A Car Accident?
Understanding Car Accident Settlement Claims
While insurance claims following a car accident do not always end with a settlement, you do always have a right to file a claim and try to seek compensation for your injuries. There are various factors that will determine the success of your car accident settlement claim, most importantly, the severity of your injuries. Car accident victims will have a lot of questions after a car crash about how to deal with insurance companies and what kind of settlement offer or help with medical expenses and more that they can expect.
Steps in Seeking a Settlement
Before car accident settlements are even discussed, you’ll have to file an insurance claim with both your own insurance company and the other drivers. In many cases, the insurance company should cover your needs, […]
Read MoreMore information about Claim
What Happens if the At-Fault Party Doesn’t Have Car Insurance?
What to Do In Car Accident with Underinsured or Uninsured Motorist
You may be asking yourself, If I’m involved in a car accident, and the at-fault driver doesn’t have car insurance, what happens to me? In Pennsylvania, that answer largely depends on the type of insurance coverage you have, including underinsured motorist coverage. Typically, however, you can file a compensation claim with your own insurance company or file a personal injury or car accident lawsuit against the other driver.
Pennsylvania Drivers Are Required to Carry Insurance
In Pennsylvania, drivers are required to carry insurance coverage. Known as no-fault or Personal Injury Protection (PIP) coverage, no matter who is at fault in the accident, the initial medical bills are covered by your own insurance company, […]
More information about Claim
What Happens If You Hit a Cyclist with Your Car?
Hit a Cyclist, or Injured in a Bicycle Accident? We Can Help.
Car accidents involving an injured cyclist can be the worst experience anyone can have. If you’re asking yourself “What happens if you hit a cyclist with your car?” an experienced bicycle accident lawyer can help.
You may feel guilty, upset, and anxious about what happens afterward. Can the cyclist sue you for the accident? What will happen to your insurance rates? What happens next?
These are all valid concerns to have before, during, and after your time on the accident scene. Even if you were injured in the bicycle accident as well, you may be stressing over what can happen. That’s why it’s important to know what your next steps should be to protect yourself and your claim.
For over 60 years, […]
Read MoreMore information about Claim
Can I Sue After a Car Accident If I Was Not Hurt?
What Options Are Available After A Car Accident With No Injuries?
Everyone knows that if you are injured in a car accident, you have the option to file a lawsuit against the other driver. But what happens if you only suffer damage to your vehicle? Can you sue the other driver?
Even if you suffered no physical injuries during an accident caused by the negligence of another driver, you could still recover property damage costs. If your insurance company refuses to repair or replace a car you suffer heavy damage you might need to seek court action to have them repaired or replaced.
Understanding your legal rights after a car accident is paramount. Please note that Munley Law handles personal injury cases only.
Filing Car Accident Claim with Insurance Company
The best way to ensure you recover compensation and financial losses from insurance companies or liable parties in your car accident property damage settlement is to hire an experienced car accident property damage lawyer. […]
Read More
