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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Auto Accidents Caused by Defective Roads
Sometimes it is the road that is at fault in an auto accident. Defective road conditions can cause a driver to lose control of his/her car, leading to an auto accident that can result in serious personal injury or death. But when the road is at fault, who is responsible for your injuries?
Roads in Pennsylvania are the responsibility of either the state or local municipalities. Although Pennsylvania’s Sovereign Immunity Act generally bars suits against the Commonwealth and other government entities, dangerous conditions on highways created by potholes, sinkholes or similar conditions are exempt from sovereign immunity.
The Pennsylvania defective road condition attorneys of [firm-name] believe that when hazardous road conditions lead to accidents, injury, or death, the responsible government agency and/or a private contractor that worked on the road should be held accountable. The victims of accidents caused by unsafe roads deserve full and fair compensation for their injuries and losses. […]
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Many states concerned over guardrail-related deaths and amputations
Last month, Missouri banned further installation of guardrail heads, joining Nevada who banned further purchases in January, followed by Massachusetts.
Lawsuits claim the guardrails were to blame for at least five deaths and many severe injuries, including loss of limbs, yet the Texas manufacturer, Trinity Industries, denies there is a problem.
The New York Times reported that although federal highway officials in Missouri had long insisted that the guardrails in that state were safe, apparently some guardrail heads had malfunctioned, turning the rails into spears when a car hit and injuring those inside, rather than cushioning the blow.
Although the Federal Highway Administration (FHA) continues to deny there’s a problem, the Daily Beast reported a 2012 email from a senior engineer at the FHA as saying that it’s “hard to ignore the fatal results” of the guardrails. […]
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Mesothelioma Misdiagnosis Lawyers
Have You or a Loved One Had a Mesothelioma Misdiagnosis?
Mesothelioma diagnosis errors are estimated to cause over 500 deaths every year.
If you or a family member has suffered because of a doctor’s improper or missed diagnosis of mesothelioma, you may be able to recover your past and future medical expenses, lost income, and compensation for your pain and suffering, diminished quality of life or reduced lifespan, disability, and more. Please contact Munley Law Personal Injury Attorneys today to speak with a mesothelioma misdiagnosis attorney or call us at [phone-number]. We have offices conveniently located in Scranton, Wilkes-Barre, Philadelphia, and Carbondale, PA.
About Mesothelioma
A layer of specialized cells – known as mesothelial cells – lines the inside of the chest, abdomen, heart and the other surfaces of most of our internal organs. […]
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Breast Cancer Misdiagnosis Lawyers
Have you or a loved one had a breast cancer misdiagnosis?
Cancer misdiagnosis currently accounts for 10-20% of all cancer cases and far exceed wrong drug and wrong surgical site errors. A vast majority of these late or incorrect diagnoses are life-threatening or result in death. For breast cancer alone, diagnosis errors are estimated to cause over 40,000 deaths every year. This is unacceptable.
If you or a family member has suffered because of a doctor’s improper or missed diagnosis of your breast cancer, you may be able to recover your past and future medical expenses, lost income, and compensation for your pain and suffering, diminished quality of life or reduced lifespan, disability, and more. Please contact Munley Law Personal Injury Attorneys today to speak with a breast cancer misdiagnosis attorney or call us at [phone-number]. We have offices conveniently located in Scranton, […]
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OSHA tightens standards on workplace injury reporting
Last month, the US Occupational Safety and Health Administration (OSHA) strengthened the rules that required businesses to report serious workplace injuries and fatalities. Their goal is to uncover workplace hazards faster and fix problems sooner by requiring companies to report more on-the-job injuries to federal regulators.
According to OSHAs revised safety rule, effective January 1, 2015, companies will be required to report all work-related in-patient hospitalizations, amputations, and eye losses within 24 hours. Current laws only require employers to report in-patient hospitalizations if three or more employees are affected, and amputations and eye losses do not have to be reported. Remaining unchanged is the requirement that employers report work-related fatalities within eight hours.
The Bureau of Labor Statistics (BLS) preliminary 2013 workplace fatality data found that 4,405 workers were killed on the job in the US in 2013. That translates to an average of 85 deaths per week or 12 deaths every day. […]
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