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.
More information about Claim
What Not to Do After a Work Injury in Wilkes-Barre
Our Wilkes-Barre workers’ compensation lawyers already shared a few pieces of advice about what you should do if you are injured at work. But, it’s just as important to know what NOT to do in a workers’ compensation case. Here are some key things to make sure you avoid:
1. Don’t delay. The sooner you report your injury to your employer, the better. In Pennsylvania, the law requires that you notify your employer of a work-related injury within 120 days of the incident. But, it is in your best interest to report what happened immediately, even if you think your injuries are minor. What may seem like a minor incident can cause complications down the road, so it is best to have it documented.
2. Don’t lie. In a workers’ compensation case, it is crucial that you are honest with your employer and your doctor about your injuries and how they occurred. […]
Read MoreMore information about Claim
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. […]
Read MoreMore information about Claim
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. […]
Read MoreMore information about Claim
Personal injury lawyer recommends steps to take if you are the victim of medical malpractice
Attorneys at Munley Law Personal Injury Attorneys represented an estate and a widow in a medial malpractice case against a hospital in the death of her husband. The suit claimed that the hospital’s nurse did not follow hospital policies nor the surgeon’s orders when she administered a medication when it was not indicated, causing the death of the patient. Last week, a jury awarded the patient’s estate $1.5 million in the medical malpractice case.
According to an article in Pro Publica, a study in a current issue of the Journal of Patient Safety reports that between 210,000 and 440,000 patients each year who go to the hospital for care suffer some type of preventable harm that contributes to their death. That would make medical errors the third leading cause of death in America, behind heart disease and cancer. […]
Read MoreMore information about Claim
“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, […]
Read More
