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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Oklahoma Mother Files $10 Million Wrongful Death Lawsuit Against Prison
The mother of a man from Tecumseh, Oklahoma has filed a $10 million lawsuit against a prison corporation and the state in the death of her son.
Her son and his wife were vacationing in New Mexico when they were killed by two prisoners who had escaped from an Arizona prison. The lawsuit was filed against the company operating the private prison, Management & Training Corporation of Delaware, and claims the state failed to maintain the inmates and properly train the employees.
Losing a loved due to someone else’s negligence can be difficult to understand. When you are grieving, hurt and worried about the future, it is uncomfortable to talk about insurance claims, wrongful death settlements, and cash awards; however, if someone caused your loved one’s death you should seek the compensation you deserve. At Munley, Munley & Cartwright we represent individuals and families that have lost a loved one or been seriously injured due to the negligence of another. […]
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Claim of Defective Seats Brings Wrongful Death Lawsuit Against Honda
Lawsuit claims Honda car allowed ejection of passenger who was wearing seatbelt in wrongful death case
A lawsuit has been filed in Texas against Honda Motor Co., Ltd. by the parents of a young woman who died in her 2005 Honda Civic in April of this year, reports the Southeast Texas Record.
The young woman died when she lost control of her car and skidded off the rain slick road. She hit several trees and even though she was wearing a seatbelt, she was killed when her seat collapsed and she was thrown into the back seat.
When you or a loved one gets behind the wheel of a vehicle, you should be able to count on the fact that it has been safely designed and is free from flaws that could result in serious injury, or even death. At Munley, Munley & Cartwright we have successfully handled cases involving injury or death caused by alleged defects such as automobiles, […]
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DEP Makes Marcellus Shale Production Data Available to Public
The Department of Environmental Protection (DEP) has made production data for Marcellus Shale natural gas wells in the state available on their website. Under Act 15 of 2010, Marcellus operators are required to report their well production totals from July 1, 2009 to June 30, 2010. This act overturned previous provisions in the Oil and Gas Act that required production data to be kept confidential for five years.
John Hanger, secretary of DEP, says that by making this information available to the public “a much-criticized layer of secrecy” is removed and the public and government now have “unprecedented access to this information.”
Even though the companies were required to submit the data to the state by August 15, 2010, 18 of the state’s 74 Marcellus Shale operators have not yet complied. Hanger said the department will pursue “whatever enforcement action is necessary to ensure compliance with the law.” […]
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Some Pennsylvania Parks Could Become Marcellus Shale Drilling Sites
The Pennsylvania Department of Conservation and Natural Resources (DCNR) manages and maintains close to 120 state parks. However, Pennsylvania does not own the mineral rights to 80 percent of the land underlying the parks, opening it up to the possibility of the private owners entering into Marcellus Shale lease agreements with gas companies.
Oil and gas companies have already drilled a limited number of wells in some of the state park land in western Pennsylvania. DCNR cannot impose surface-use agreements on the drilling companies to govern their impact on the surface of the parks, due to a 2009 ruling by the Supreme Court, and some fear the increased interest in Marcellus Shale in the parks could result in damage to the landscape.
DCNR Secretary John Quigley says that while the threat to the parks is not immediate, “there are a dozen or fewer parks where drillers or seismic testing firms have expressed interest in accessing the surface to get to the Marcellus Shale.” […]
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Emergency Services Secured for Marcellus Shale Region
The Pennsylvania Department of Environmental Protection (DEP) has secured the services of CUDD Well Control to provide emergency response services in Pennsylvania in case an emergency arises from any of the Marcellus Shale wells. DEP has taken this step in response to recent high-profile accidents at natural gas wells in Pennsylvania.
The company will establish a new facility in Canton Township, Bradford County, allowing Cudd’s highly specialized, well-equipped emergency response crew to respond to any natural gas well in Pennsylvania within five hours.
The state will only employ CUDD’s services when needed through emergency contracts on a case-by-case basis. This process will limit costs to taxpayers to events when CUDD personnel are mobilized.
Our attorneys at Munley, Munley & Cartwright are experienced in worksite accident lawsuits and will evaluate your case and explore all possible sources of recovery. We fight to protect the rights of workers. […]
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