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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What Do Workers’ Compensation Attorneys Do?
A Workers Comp Attorney Can Help You Recover
If you’re wondering “What do workers’ compensation attorneys do?” the answer is simple. When you suffer a serious injury at work, the Munley Law Personal Injury Attorneys workers’ compensation lawyers are here to help. Getting injured at work can be extremely stressful. If your injury is severe and leaves you incapable of returning to work right away, it can throw you and your family into financial uncertainty. But that can also leave you stressed, wondering “how much does
Workers’ compensation, which is money paid to employees who are injured on the job, should be readily available to all injured employees. Unfortunately, that’s not always the case. This is why you need an experienced workers’ compensation attorney on your side. They will help you navigate through the paperwork and claims process. If your case is denied, […]
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What Is a Bobtailing Truck?
A bobtail truck is a semi-truck driving without its trailer attached – a sight you may have encountered on highways and roads. While these trucks might appear more manageable and safer without trailers, this configuration introduces unique hazards. Semi-trucks are specifically engineered to haul heavy loads, and when operating without a trailer, their weight distribution and handling characteristics change significantly, creating unexpected dangers. The Federal Motor Carrier Safety Administration (FMCSA) reports that bobtail trucks account for approximately 5% of annual truck accidents. Despite their smaller profile, these vehicles can still cause devastating injuries in collisions, which is why accident victims often require the expertise of a truck accident law expert.
If you have been injured by a bobtailing truck, you need a skilled truck accident lawyer.
Bobtail Trucks in Commercial Transportation
The term bobtail truck refers to a truck, […]
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What Are Typical Pain and Suffering Awards?
Understanding pain and suffering awards is essential for victims seeking compensation. Pain and suffering involve physical discomfort and emotional distress resulting from an injury. These awards can vary based on the severity of the injuries, as well as their impact on the victim’s quality of life. Here, we’ll explore the factors that influence typical pain and suffering awards, how to calculate them, and the evidence needed to prove your case.
Defining Pain and Suffering in Personal Injury Cases
In personal injury cases, physical pain can include everything from mild discomfort to severe agony, while emotional distress refers to anxiety, depression, or post-traumatic stress. In these types of claims, it’s important to differentiate between short-term and long-term suffering.
Short-term suffering represents pain experienced immediately after an injury that may resolve over time. Long-term suffering, however, can lead to chronic pain, […]
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What Is a Catastrophic Injury?
A catastrophic injury can dramatically transform a person’s life in an instant. If you’ve sustained a catastrophic injury because someone else was negligent, you may deserve compensation for the long-term losses and difficulties resulting from your injuries.
First, it’s important to understand what such injuries are and how they can affect your life. If you’ve suffered a catastrophic injury due to another’s negligence, contact the catastrophic injury lawyers at Munley Law today for a free consultation.
Defining Catastrophic Injuries
What is a catastrophic injury? To some extent, that can depend on your location. Different jurisdictions have different legal definitions for catastrophic injuries. In some states, like Pennsylvania, there is no statute specifically defining these types of severe injuries.
Regardless, it’s possible to arrive at a definition of a catastrophic injury by highlighting the ways it may differ from another type of personal injury. […]
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How Are Medical Bills Paid After a Car Accident in Bensalem?
If you’ve been involved in a car accident in Bensalem, Pennsylvania, you may be facing not only physical and emotional challenges but also the daunting prospect of dealing with medical bills. In such a stressful time, understanding how medical bills are paid can provide you with valuable information and peace of mind. At Munley Law Personal Injury Attorneys, our Bensalem car accident lawyers have extensive experience in helping car accident victims in Bensalem and the surrounding areas navigate the complex process of medical bill payment.
Insurance Coverage for Medical Bills
One of the primary sources of payment for medical bills after a car accident is insurance coverage. In Pennsylvania, drivers are required to carry a minimum amount of auto insurance, which includes:
Medical Benefits (Med Pay)
Medical Benefits, often referred to as Med Pay, is an optional but highly recommended type of auto insurance coverage for drivers in Pennsylvania. […]
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