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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Can You Use PTO While on Workers’ Compensation?
Using PTO on Workers’ Compensation
For some injured workers, there may be the option to use paid time off (PTO) while on workers’ compensation. However, utilizing those vacation days, sick time, personal days and holidays may not actually always be the most beneficial move depending on your state’s workers’ compensation laws.
Before you use or request any PTO, understand the benefits and drawbacks of doing so while on workers’ compensation.
Why Should You Use PTO While on Workers’ Compensation?
Many people don’t realize that workers’ compensation only covers a portion of your regular income. So, if you are the primary income earner in your household and are on an extended leave of absence because of injury, you may face financial struggles. Your PTO may be able to recoup some of those financial losses to account for the percentage of your income that workers’ […]
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Pennsylvania Product Liability Lawyer
Consumers have a reasonable right to expect their products to be safe to use as advertised. Product liability law protects consumers hurt by unsafe products and holds negligent manufacturers and retailers accountable. If you’ve suffered an injury or illness because of a dangerous product, a Pennsylvania product liability lawyer at Munley Law can help you get the justice you deserve. We have successfully handled numerous cases against industrial manufacturers, automotive companies, medical device makers, and other big companies whose products caused harm.
Contact us today for a free consultation. We do not get paid unless we win your case.
What Is a Product Liability Claim?
A product liability claim is a legal claim brought against a product manufacturer, distributor, supplier, or retailer that caused a consumer injury or harm due to a defect or failure in the product. These claims are based on the principle that manufacturers and sellers must ensure their products are safe. […]
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Trexlertown Personal Injury Lawyer
If you’ve been injured in an accident in Trexlertown, PA, you may be facing overwhelming physical, emotional, and financial challenges. Medical bills, lost wages, and the stress of recovery can take a heavy toll on you and your family. If you or a loved one has been injured in a motor vehicle accident, product liability incident or workplace accident or through a medical mistake, or if you are facing a heartbreaking wrongful death case, be sure to talk to an experienced Trexlertown personal injury attorney at Munley Law today.
How a Trexlertown Personal Injury Lawyer Can Help
Getting hurt or losing a loved one to an accident is already a time of great upheaval for you and your family, especially if you are now also dealing with insurance companies, medical bills, and legal procedures. Our Allentown personal injury attorneys at Munley Law handle cases in Trexlertown and throughout the Lehigh Valley. […]
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Defective Seat Belt Attorney
The function of a seat belt, lap belt, or safety belt is to keep you safe during a car accident. Wearing seat belts is required on the road because of how effective a quality seat belt can be. However, seat belts may cause or fail to prevent injury when they’re defective.
Have you recently sustained injuries you believe resulted from seat belt failure? Compensation for your losses may be available if so. Discuss the matter with a legal professional representing victims of seat belt failure.
At Munley Law, we have the experience necessary to show how a faulty seat belt caused the injuries for which you deserve compensation. Learn more about how we can help by contacting our product liability attorneys today for a free case evaluation.
Understanding Seat Belt Failures and Your Legal Rights
Defective seat belts can take many forms. […]
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Scranton Medical Malpractice Lawyer
For 65 years, Scranton medical malpractice lawyer have represented victims throughout Scranton in their medical malpractice claims. We hold negligent medical professionals accountable and get you the compensation you need to recover from your injuries.
If you or a loved one were a victim of medical malpractice, call the Scranton medical malpractice attorneys of Munley Law to schedule a free consultation.
What a Scranton Medical Negligence Lawyer Can Do for You
Studies suggest that one in three medical providers will be sued for medical malpractice at some point in their careers. We often think that these cases involve very rare, complex scenarios, but the reality is that they can be as simple as incorrect prescription dosage or a bad diagnosis.
While this may seem unsettling for medical professionals, as a patient, it’s even more concerning knowing that these avoidable mistakes happen with an alarming frequency. […]
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