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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NC Medical System Charged with Negligence to Pay $25 Million
A father has been awarded $25 million by a Cumberland County, North Carolina jury after finding the Cape Fear Valley Health System negligent in reporting signs of child abuse against the man’s son. The boy, who lived with his mother at the time, eventually suffered brain injury after additional abuse.
FayObserver.com reports that the lawsuit alleged if the hospital had reported signs of child abuse when the boy was initially treated for a broken wrist and other broken bones that he would not have received a beating later that “caved in his skull and took away his ability to talk or use his arms and legs.”
The young boy was taken to the Cape Fear Valley Medical Center in 2003 when he was six years old. At the time he had surgery on his wrist, he was also vomiting, and further x-rays revealed an old rib fracture. […]
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Pennsylvania Personal Injury Lawyers Back Ban on Cell Phone Use by Truckers
The Pennsylvania personal injury attorneys of Munley Law said today that they support a proposal by the National Transportation Safety Board to ban the use of all cell phones by truck drivers and other commercial motor vehicle (CMV) drivers.
“A prohibition on the use of cell phones and similar devices while operating tractor-trailers, buses or other commercial vehicles is simply the proper move for the safety of the public,” said J. Christopher Munley, a veteran Pennsylvania injury lawyer and managing partner of the Scranton-based law firm, which focuses on representing truck and car accident victims.
“The dangers of distracted driving, particularly the consequences of attention to the road being diverted by cell phones, has been made all too clear by recent fatalities,” said Daniel W. Munley, a partner in the law firm and chairman of the American Association of Justice’s Trucking Litigation Group. […]
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Pennsylvania Woman Awarded $23 Million in Medical Malpractice Case
WFMZ-TV reports a Lehigh County, Pennsylvania jury has awarded a Lehighton woman $23 million in a medical malpractice case. The woman had both legs amputated after her home care nurse failed to evaluate and report an infected catheter for appropriate treatment.
The lawsuit alleged the delay in reporting the infection led to a bloodstream infection that ultimately required the woman’s legs to be amputated below the knees.
The jury found the nurse and her employer, St. Luke’s Miners Memorial Home Care, negligent in caring for the plaintiff.
A spokesman for St. Luke’s said, “As with all malpractice cases, this is a complicated situation, but the resultant jury award is excessive and shocks the conscience.” The spokesman did not indicate if they would appeal the verdict.
If you or a loved one has been harmed by a form of medical negligence, […]
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North Carolina Physician’s Assistant Found Negligent in Mother’s Death
A physician’s assistant (PA) was found negligent in the death of a 42-year-old woman from congestive heart failure less than two months after giving birth to twins at The McDowell Hospital in Marion, NC. The lawsuit was brought by the husband who claimed the defendants did not do all they could to save the life of his wife.
The man will be awarded $667,000 in the case where he was seeking $6.8 million. The suit was filed against seven doctors, one physician’s assistant, Asheville Radiology, The McDowell Hospital and McDowell Emergency Physicians. Most of the defendants settled out of court, however, two doctors, the PA and McDowell Emergency Physicians took the case to court.
The woman was diagnosed with pneumonia after giving birth in February, 2008, and was prescribed a medication for treatment upon her discharge. Suffering from shortness of breath and nausea, the woman returned to the emergency room several times within the following weeks and was again treated for pneumonia. […]
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Contra Costa County to Pay Over $13 Million in Wrongful Death Lawsuits
Last week, Contra Costa County was ordered to pay over $13 million to settle two separate lawsuits. In one case they will pay $1.5 million to the family of a man shot by sheriffs in a wrongful death claim. The second suit requires they pay $11.7 million to the family of a man who died in a crash on a county road.
The county will pay $1.5 million in the case of a man who was shot in 2009 in the emergency room at Contra Costa Regional Medical Center. The man had checked himself in for the treatment of alcohol withdrawal symptoms. He became agitated and attempted to cut the restraints off himself with a knife. His children, who filed the lawsuit, claimed the deputies used excessive force.
In the other case, jurors found the county failed to keep the road safe during road resurfacing work after a man died when he was struck by a vehicle that ran off the road after he stopped to help another driver. […]
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