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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10 Tips for PA Winter Driving Safety
A recent article in the New York Times Magazine has found that dangerous driving is once again a serious issue in America. According to the article, in September 2023, the U.S. Department of Transportation released data that showed that 21 states had recorded climbing rates of fatal crashes in 2023 compared with the same period in 2022.
Not only is it dangerous for other drivers to be on the roads, but pedestrians as well — a report by the National Highway Traffic Safety Administration found that SUVs or vans with a hood height that’s greater than 40 inches are 45 percent more likely to kill pedestrians than smaller cars.
Unfortunately, the winter weather does pose a significant threat to many Pennsylvanians each year. Snowy weather causes treacherous conditions on our roadways. Each winter, we hear stories of people injured and killed in auto accidents across Pennsylvania caused by drivers who don’t use proper care in hazardous conditions. […]
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EMS Driver Caught Driving Drunk
State police in Swiftwater arrested a woman for driving an EMS vehicle drunk on December 29.
The emergency service driver was stopped for speeding and following another vehicle too closely. Arresting officers determined she was too impaired to drive.
Each year automobile accidents in Pennsylvania claim the lives of more than 1,000 people and injure another 85,000 more. More than 70 percent of the state’s auto accidents in 2010 resulted in an injury or fatality.
Far too many of these wrecks were caused by a driver’s negligence or recklessness.
Following is from the Scranton Times-Tribune:
A Monroe County woman was arrested Saturday for driving an emergency medical services vehicle while under the influence.
State police at Swiftwater stopped Stacy M. Ems, 23, Paradise Twp., around 1 AM for speeding and following another vehicle too closely on Buttermilk Falls Road, […]
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Disaster Averted With Wrong-Way Driver on I-81
Law enforcement had to form a moving road block to stop a confused Carbon County motorist who drove 18 miles the wrong way down Interstate 81.
Amazingly, nobody was hurt in the incident.
There are more than 100,000 motor vehicle crashes in Pennsylvania each year, according to the state Department of Transportation. These wrecks will claim the lives of 1,000 people and injure and disable many thousands more.
Here is one newspaper account of the wrong-way driver on I-81:
State police formed a rolling road block to stop a Carbon County woman who drove the wrong way on Interstate 81 for 18 miles starting near Dickson City.
State police at Dunmore received calls around 5:30 a.m. about a vehicle, driven by Paige Cicardo, 22, of Albrightsville, traveling south on I-81 north near the Main Avenue exit. […]
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Study Estimates More Than 4000 Medical “Never Events” Occur Each Year in U.S.
Surgeons in the United States leave foreign objects such as sponges and surgical tools in patients 39 times a week and perform the wrong procedure 20 times a week, patient safety researchers at Johns Hopkins University estimate in a new study.
In an article published online in the medical journal Surgery, the Johns Hopkins researchers estimate that 80,000 medical errors that should never happen occurred in U.S. hospitals between 1990 and 2010. The researchers based their estimates on an analysis of the National Practitioner Data Bank, a federal repository of medical malpractice claim information. Hospitals are required by law to report never events that lead to a settlement or judgment to the National Practitioner Data Bank.
Certain types of medical errors are known as never events because it’s generally understood that they should never happen during surgery. […]
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Injury Victims of Train Accidents May Often Claim Compensation
A recent train derailment in South Jersey sent some 70 people to the hospital and caused the evacuation of more than 200 nearby homes. The reason? The train cars were filled with a dangerous chemical called vinyl chloride, a chemical that wafted through the air for at least several days.
The Nov. 30 train derailment near Paulsboro, N.J., sent four rail cars into the Mantua Creek when the train came off its tracks on a bridge. It took officials two weeks to get the cars out of the creek, which feeds the Delaware River that provides drinking water to some 15 million people.
While no one was killed in the Paulsboro train accident, the long-term effects of vinyl chloride are such that we may not know the full damage for years. The gas reportedly causes cancer and liver damage, according to the EPA.
Mike Schade with the Center for Health, […]
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