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
Who Can Pennsylvania Personal Injury Lawyers Sue After a Bus Crash? The Answer May Surprise You
After a Pennsylvania Bus Accident, there are more possible parties that could be sued than you may think. Personal injury lawyer explains:
- What parties could be responsible?
- How does the number of parties involved in a lawsuit affect how much settlement money your Pennsylvania Personal Injury Lawyers could get for you?
- Do Personal Injury Lawyers in Pennsylvania charge you any initial fees?
Who can Pennsylvania personal injury lawyers sue after your bus crash?
After you or a loved one gets into an accident with a bus, or while riding in one, there are a number of possible parties that could be held responsible in your lawsuit.
Here’s a list of possible parties that Pennsylvania Personal Injury Lawyers could sue:
- The Owner of the Bus: Potential owners of the bus that Pennsylvania Personal Injury Lawyers could pursue in your lawsuit include; […]
More information about Claim
Pennsylvania Injury Lawyer tells you the first thing you should do after a work accident
You have just been in an accident at work and now you have some questions for a Pennsylvania injury lawyer. Questions such as:
- What’s the very first thing you should do the moment after the accident happens?
- What can happen to you if you don’t tell your employer about the accident?
- What if you get a disease or illness from work?
- Can you get workers comp for that?
- Do you have to talk to any insurance adjuster?
- What does a Pennsylvania Injury Lawyer advise?
- How long to you have to get a Pennsylvania Injury Lawyer to file a workers comp case for you?
Here are some answers straight from a Pennsylvania Injury Lawyer:
Right after the accident, you need to immediately tell your boss or a supervisor and make sure a written record is made of the incident. […]
Read MoreMore information about Claim
A Pennsylvania Injury Lawyer tells you what you should do right after a car accident
Pennsylvania Injury Lawyer: After you get into an accident, there are things that you can choose to DO and NOT DO right afterward that may affect your injury claim against the other driver’s insurance company.
A Pennsylvania Injury Lawyer will advise doing the following right after the accident takes place:
- Stay inside your vehicle unless it’s too dangerous to do so
- Turn on your hazard lights
- Call 911 even if the accident didn’t seem too bad
- Seek medical help for anyone involved in the accident if needed
- Don’t move any vehicles or alter the scene unless you have to
- Don’t leave the scene
- Write down the names, addresses and phone numbers of everybody involved in the accident, including witnesses
- Write down the names/badge numbers of police officers who come to investigate
- Take pictures of injures and damage
- DON’T admit fault
- Call your insurance company right away and let them know what happened
- DON’T talk about the accident with anyone except the police and your own insurance company. […]
More information about Claim
5 Things To Know About Workers’ Compensation in Pennsylvania
You may be entitled to workers’ compensation – read these 5 facts
The maximum weekly compensation rate for injured workers in Pennsylvania has risen to $917 for 2013.
That rate – which applies to workplace injuries occurring on and after January 1, 2013 – represents an increase of 3.3 percent from 2012.
Under the state’s Workers’ Compensation Act, workers who are hurt on the job are entitled to wage-loss benefits equal to two-thirds of their weekly pay. However, there are minimum and maximum limits. The exact amounts are based on the Department of Labor and Industry’s calculation of the statewide average weekly wage.
Following are 5 Things You Should Know About Workers’ Compensation in Pennsylvania:
1. What injuries are covered by the Workers’ Compensation Act? Generally speaking, if you suffer a work-related injury or illness, […]
Read MoreMore information about Claim
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. […]
Read More
