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.
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 I Do if I Get Hit by a Car on My Bike?”
Whether you live in a small town or you reside in a more urban setting, chances are, now that summer is in full-swing, you’ll be breaking out the bike regularly to go for a ride around your way. Not only is bicycling great exercise, it also provides you with a chance to escape the confines of your office or your home and hit the open road, welcoming the feeling of a comforting, warm breeze at your back.
As with any form of transportation, though, there can be some risk involved. Since only two percent of all automobile deaths and only two percent of all injured parties from automobile crashes are cyclists, according to the National Highway Traffic Safety Administration, biking is generally safe. You can proactively help avoid an accident by signaling your turns, wearing reflective clothing, obeying traffic rules, and bypassing busy streets when possible. […]
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The Dangers of Driving Drowsy
Driving impaired doesn’t have to mean driving under the influence of drugs or alcohol. It can also mean driving while drowsy—a practice that leads to more than 100,000 crashes each year, according to the National Highway Traffic Safety Administration. Of this total, 40,000 injuries and 1,500 deaths are reported. In fact, a study showed that driving while being awake for 18 hours was the same as driving with a blood alcohol level of .05. Driving after being awake for 24 hours was equal to a blood alcohol level of .10—a level of .08 is legally drunk.
As with drunk driving, sleep-deprived driving also inhibits a person’s reaction time, judgment, and vision; causes problems with information processing and short-term memory; decreases awareness, and increases aggressiveness.
Unfortunately, in the commercial truck driving culture, getting behind the wheel, despite a lack of sleep, […]
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Your First Steps After a Slip and Fall
</An unmarked area of spillage on a hotel lobby’s floor. An unmaintained stairwell that’s missing the proper railing. An untreated patch of ice on a train platform. These are all examples of potential safety hazards that could lead to a dangerous slip and fall for anyone in the vicinity.
According to the National Safety Council, “Falls are one of the leading causes of unintentional injuries in the United States.” Reportedly, falls account for 8.9 million visits to emergency rooms each year, as well as more than 25,000 fatalities — an occurrence that can increase with age. Falls can happen on the job, at a restaurant, at a grocery store, at a school, and even at a private residence.
Regardless of who you initially think may be at fault, there are certain action steps you should take to protect yourself and your legal rights if you ever find yourself in such a situation:
- Keep calm and call for help. […]
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Pennsylvania personal injury lawyer: More accidents may be tied to GM faulty ignition switch
In what the New York Times reported as the most concrete movement yet that GM intended to compensate victims and their families, the lawyer hired by GM to determine compensation of victims of GM cars with faulty ignition switches met last week with lawyers representing hundreds of people and their families who claim they were affected by accidents involving the vehicles.
This may mean that that the potential number of those affected is much larger than the 13 deaths and 32 crashes that GM has previously admitted are linked to the faulty ignition. The Los Angeles Times reported in March that there could be as many as 303 deaths linked to those faulty ignition switches. This was based on a new report commissioned by the Center for Auto Safety, an independent watchdog group. GM vigorously challenged the report, stating that other issues could also have caused the 303 deaths. […]
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Why the New FMCSA Truck Driver Fatigue Management Tool May Not Work Like We Need it to. Pennsylvania Personal Injury Lawyers Explain:
The Federal Motor Carrier Safety Administration Is Going to New Measures to Reduce Truck Accidents in Pennsylvania – But Will They Work? Personal Injury Lawyer Explains:
- What is the FMCSA trying to prevent and why might it not work as well as we hope?
- How could the Federal Motor Carrier Safety Administration’s regulations affect your truck accident case?
- Will Pennsylvania Personal Injury Lawyers ask for money up-front to take on your case? How much are they going to charge you?
WATCH VIDEO: PENNSYLVANIA PERSONAL INJURY LAWYERS GIVE INFO ON TRUCK ACCIDENTS:
Effects of new FMCSA program may be limited. Pennsylvania personal injury lawyers explain why:
Last year, the Federal Motor Carrier Safety Administration (FMCSA) launched the North American Fatigue Management Program (NAFMP), […]
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