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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Wrong Way Crashes Claim Lives
Since the beginning of this year, eight people have been killed in wrong way crashes in our area alone.
According to WNEP, that number surpasses the total number of wrong-way crash deaths throughout the entire state of PA in the year 2014.
The apparent spike in wrong-way crashes in recent months has law enforcement and PennDOT officials looking at what is causing these crashes and how they can be prevented. PennDOT workers checked the sections of Interstate 81 where the accidents occurred to determine where the wrong-way drivers could have entered the highway going the wrong direction. They found that there were warning signs in place and that the signs were in good condition. So, some officials have started looking to other solutions to stop these kinds of accidents and save lives.
When it comes to preventing a crash with a wrong-way driver, […]
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Medical Errors the 3rd Leading Cause of Death
A recent study from Johns Hopkins found that medical errors are the third leading cause of death in the United States, claiming more lives than any other medical condition except cancer and heart disease.
Unfortunately, this problem is kept out of the public eye because the CDC’s mortality statistics, which rely on death certificate data, don’t capture things like communication breakdowns or errors in judgment that can lead to a patient’s death. As a result, medical mistakes are under-reported. This new study, based on eight years of hospitalization records, calls for a better way to track medical errors in order to better protect patients.
As personal injury lawyers, we know that there are seemingly endless numbers of things that can go wrong during a patient’s care. Missed or mistaken diagnosis, unnecessary procedures, poor communication, electronic medical record inconsistencies, prescription mishaps, […]
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Teenage Girl Killed by Exploding Takata Airbag
Last week, a seventeen-year-old girl from Texas was killed by an exploding Takata airbag in her Honda Civic. Hers is the 10th death in the U.S. tied to Takata’s malfunctioning airbags.
She should have “walked away”
Huma Hanif’s airbag deployed and ruptured, sending metal shrapnel into her neck when she rear-ended another driver in what police described as a “moderate” crash. According to the lead investigator on the case, the girl was not speeding, and the accident was so minor that everyone involved should have been able to walk away without serious injuries, if not for the exploding airbag.
Instead, Huma died at the scene.
So far, 14 automakers have recalled 24 million vehicles in the U.S. to replace the faulty airbag inflators that can become unstable and rupture. Millions of additional vehicles equipped with Takata airbags have not yet been recalled. […]
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Fatal ATV Accidents in PA: Tips to Avoid a Deadly Wreck
It’s becoming a problem:
A number of recent ATV accidents in our area resulted in serious injury or death. Three of those occurred within the last month.
All-terrain vehicles, also called four-wheelers or quads, are popular among both kids and adults, but accidents involving these vehicles can cause severe injuries or loss of life. Children are able to drive an ATV long before they’re eligible for a learner’s permit to drive a car. There are laws governing ATV use in Pennsylvania, but because many people ride ATVs on private property or in the woods in rural areas, it’s very easy to break those laws. Usually, that’s how people get hurt.
To avoid a potentially devastating ATV accident, everyone who rides an ATV should have a basic understanding of PA’s ATV laws and these safety tips:
1. […]
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Precarious Situations: Why Ladders Cause So Many Injuries
Do you use a ladder at your job? Whether it is just once in a while or as part of your everyday job duties, one mistake can result in a serious fall.
Falls are among the most common types of work-related injuries, and many of these occur on step ladders, expansion ladders, straight ladders, and combination ladders. Approximately 90,000 people are treated in the emergency room for ladder-related falls each year, and almost 1,000 of those falls are fatal. Even if you are comfortable getting up on a ladder as part of your job, accidents can happen to anyone.
Jobs with the Highest Risk for Falls
Not surprisingly, the occupations most at risk for a fall from a ladder include roofers, painters, electricians, construction workers, service and repair technicians, and other skilled trades that require physical labor, climbing, and lifting. However, […]
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