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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Pottsville Product Liability Lawyer
Hurt by a dangerous or defective product in Schuylkill County? Get a free consultation with a Pottsville product liability lawyer at Munley Law Personal Injury Attorneys.
As a consumer, you expect that the products you use each day have been properly designed and tested for safety. It is the responsibility of product designers and manufacturers to ensure that their products are not dangerous, defective, or harmful in any way to the consumer. If someone gets hurt because of a defective or unsafe product, the brand or manufacturer of that product may be liable.
At Munley Law Personal Injury Attorneys, we hold the makers of dangerous products accountable for the harm they cause. Product liability cases are difficult, so it’s imperative that you find an attorney with experience handling these cases. Our product liability lawyers have decades of experience handling a wide range of products cases including everything from automotive recalls to unsafe medical devices. […]
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Lawsuits claim Roundup weed killer causes cancer
Lawsuits Allege: Roundup Weed Killer Linked to Cancer
Hundreds of lawsuits allege that Roundup, a popular weed killer used on everything from crops to home gardens, has caused cancer in those exposed to it. They also claim that the makers of Roundup knew about the cancer risk, and failed to warn consumers.
Specifically, plaintiffs claim that exposure to Roundup increases the risk of:
- Non-Hodgkin’s lymphoma (NHL) including B-cell and T-cell lymphoma
- Leukemia
The main ingredient in Roundup, glyphosate, is the most widely used herbicide in the world.
Monsanto Misstates Research Findings
The lawsuits also allege that chemical giant Monsanto deceived consumers about the safety of their product. Though it is marketed as safe enough to use around pets and humans, studies have found that Roundup potentially very harmful to humans. […]
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How to Choose the Right Personal Injury Lawyer for You
Choosing the right personal injury lawyer
When you find yourself in need of legal advice or representation, it can be hard to know where to begin. You may never have had to seek a lawyer before. You may be unfamiliar with how the legal system works, or whether you even have a case. With so many lawyers to choose from, how do you know who you can trust? How do you know who will get the best results? We have some advice on how to choose the right personal injury lawyer for your unique case.
Not all law firms are created equal. In fact, your choice of personal injury lawyer can make all the difference in the success of your case. When you’ve been injured, or lost a loved one in a tragic accident, you want to know that your case is in the right hands. […]
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Construction workers say productivity trumps safety
In America’s deadliest industry, construction workers say safety takes a back seat
A recent National Safety Council survey found that more than half of construction workers (58%) perceive that safety takes a back seat to productivity on their job sites.
To gauge employee perceptions about workplace safety, the NSC interviewed 2,000 American workers across 14 industries.
Of construction workers surveyed, 51% say management does the bare minimum when it comes to safety; 47% say they’d feel afraid to report a safety issue. These numbers are alarming, especially considering the fact that construction has more workplace fatalities than any other industry in the U.S.
No worker should feel stuck between losing their job, or losing their life. Marcy Goldstein-Gelb, co-executive director of the National Council for Occupational Safety and Health said,“When workers can’t speak up, […]
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Drugged driving a greater concern than drunk driving
Opioid addiction, drug use, and reliance on pain medication have come into the national and local spotlight as they claim more and more lives. A new study has illuminated another side of this issue: drugged driving is on the rise.
“The number of American drivers killed in car crashes in which drugs were detected has eclipsed those killed in crashes where only alcohol was found.”
The Governors Highway Safety Association and the Foundation for Advancing Alcohol Responsibility found that 43% drivers killed in crashes tested positive for drugs, illegal and prescription, compared to 37% who tested positive for just alcohol.
Drugged driving is more complicated than drunk driving
The data in this study is imperfect. The study only reflects drivers who were tested; not all drivers in all states get tested after a fatal crash; […]
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