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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Truck Accidents and Expert Witnesses
Expert Witnesses in Truck Accident Cases: FAQ
When you have a personal injury case involving a commercial truck, the stakes are high. Truck accident cases depend on highly specialized information including industry regulations, truck mechanics, and the long-term medical and economic impacts of your crash. To build a winning case, you will need the testimony of reliable witnesses, so it is essential that you have a lawyer who can bring in the right witnesses.
Who May Testify in Court As a Witness?
Not everyone has the right to come to court and testify in a truck accident case. In order to take the stand and answer questions before a jury during a live court proceeding, a person must qualify to give testimony as a fact witness or an expert witness. […]
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How long does it take to resolve a personal injury case?
How Long Does It Take to Resolve a Personal Injury Claim?
One of the most common questions that our clients ask is: how long it will take to settle my personal injury case? Unfortunately, no lawyer can answer that question for certain because every case is different and it can take time to reach the best outcome possible (if you encounter a lawyer who claims to be able to resolve your case in a fixed time period, that may be a red flag). And of course, if the insurance company refuses to offer an acceptable settlement, your case may go to trial which will extend the timeline a bit further.
To help you understand what to expect in a personal injury case, our experienced personal injury litigation team at Munley Law Personal Injury Attorneys explain the timeline of a typical case and the factors that can impact your recovery. […]
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Frequently Asked Questions About Sepsis
Sepsis FAQ: I Was Diagnosed with Sepsis–Can I Sue the Hospital?
What is sepsis and is it serious?
According to the Center for Disease Control and Prevention (CDC), sepsis is the body’s extreme inflammatory response to an infection that occurs when harmful germs, bacteria, and toxins enter the blood, skin, lungs, urinary tract, or other tissue and cause an infection. If that infection is not treated, it can spread and cause sepsis.
The CDC classifies sepsis as a life-threatening medical emergency, sometimes resulting in the need for amputation, organ failure, and death.
Sepsis has a remarkably high mortality rate; about 50% of the 1.5 million people who contract it go into septic shock.
What Causes Sepsis?
Any infection can cause sepsis, but the most common types of infections that eventually lead to sepsis are:
- Pneumonia and Other Lung Infections
- Urinary Tract Infections
- Abdominal Infections
- Bloodstream Infections
- Kidney Infections
- Skin Infections
According to the CDC, […]
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Business Interruption Insurance
Business interruption insurance is designed to cover the loss of income normally earned by a business as a result of the forced suspension of operations. Unlike property insurance, which covers physical damage, business interruption insurance protects against lost income while the business is closed, and during the rebuilding period after the closing.
Given the current coronavirus pandemic, the Governor of the state of PA, along with governors in many states throughout the country, has issued a state-wide mandate requiring all non-essential businesses to close. As a result, businesses are looking to their business interruption insurance to help them survive.
Most business interruption policies will cover:
Profits that would have been earned, based on prior financial statements
Fixed costs still being incurred despite the closure
Extra expenses to allow the business to continue to operate until a return to more normal circumstances
Employee wages to allow you to retain your employees
Taxes to allow you to remain current on taxes and avoid penalties
Loan payments
When businesses are allowed to re-open, […]
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Commercial Drivers, COVID-19, and Workers’ Comp
We rely on truck drivers and commercial delivery drivers for the food, medicine, household supplies, and other goods we use every day. Never has that been more clear than now, as the U.S. battles the coronavirus pandemic. From personal protective equipment to groceries and toilet paper, we have what we need to survive all thanks to these drivers.
Trucking has always been a tough job, and that’s especially true in times of crisis. Drivers may wonder: will the pandemic affect my eligibility for workers’ comp if I get hurt? What are my options if I get sick with COVID-19 while working?
If you’re hurt on the job (in a crash, at the delivery location, loading or unloading your truck…), you have the right to collect workers’ compensation benefits, even during a national emergency. If you worry about your claim being denied by your employer or their insurance company, […]
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