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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Common Types of Heavy Machinery Accidents
Workplace accidents involving heavy equipment can be life-altering. Beyond the immediate trauma and pain, you may be facing mounting medical bills, lost income, and challenges in your daily life. If you’ve been injured in such an accident, you should know that you have options for financial recovery.
You can pursue coverage for your medical expenses and lost wages through workers’ compensation. In some cases, you may also be eligible to file a claim against third parties whose negligence contributed to your accident, which could provide additional compensation for your pain and suffering. Let us help you understand your rights and explore all available paths to recovery.
Speak with a heavy equipment accident lawyer at Munley Law to learn more about your legal options. We’re prepared to fight for the full amount of compensation you deserve. Get started today by contacting us for a free consultation. […]
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Most Common Manufacturing Injuries
Manufacturing industry jobs are essential to our economy, as the sector keeps other businesses running. According to the U.S. Bureau of Labor Statistics, approximately 12,083,479 people were employed in the private manufacturing sector as of 2020. However, manufacturing factory workers are at a higher risk of workplace injuries due to the potential hazards of the work. Manufacturing jobs often involve operating heavy machinery, frequent heavy lifting, the risk of falling objects, repetitive tasks, and exposure to harmful substances.
Some of the most common workplace injuries include repetitive stress injuries, overexertion injuries, developing musculoskeletal disorders, hearing loss from exposure to loud machinery, burns, slip and fall accidents, and serious injuries from falling objects. Manufacturing facilities must prioritize workplace safety, follow established safety protocol guidelines to protect workers from injury, and provide comprehensive training for employees.
Machinery-Related Injuries
Machinery-related injuries are common in the manufacturing industry. […]
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Defective Products and Consumer Rights
Consumers have the right to expect the products they purchase to be safe and function as advertised. Yet, in 2023, more than 750 million defective products were recalled across the United States. Defective products can cause serious injury to consumers, whether it is a kitchen appliance that overheats and causes burns or a toy that is unsafe due to a choking hazard.
Defects in everyday products raise important questions about product safety, consumer rights, product liability, and what legal protections are in place to hold product manufacturers accountable. If you suffered injuries caused by a defective product, it is important to understand your rights and the steps to take to recover damages.
Understanding Product Liability
Product liability is the legal responsibility of manufacturers, distributors, and sellers of products for any injuries caused to consumers by their products. […]
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PERSONAL INJURY LAWYERS WHO FIGHT FOR YOU
Don’t let insurance adjusters minimize your suffering or deny you fair compensation. Our record of multi-million dollar verdicts proves we know how to win, and we’re ready to put that experience to work for you. Contact our personal injury lawyers today for a free consultation and learn why many injured clients trust Munley Law to fight for their future.
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WE SERVE SCRANTON, ALLENTOWN, AND SURROUNDING AREAS. COMMON PERSONAL INJURY CLAIMS WE HANDLE
At Munley Law, we’ve built our reputation by consistently outmaneuvering insurance companies and winning substantial settlements for our clients. Here are a few examples of the personal injury case types we handle regularly:
- TRUCK ACCIDENTS
- CAR ACCIDENTS
- WORKERS’ COMPENSATION CLAIMS
- PREMISES LIABILITY
- PRODUCT LIABILITY
HOW WE CAN HELP YOU
We can work to make sure you recover all your damages. […]
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