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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Hazleton Personal Injury Lawyer
A Hazleton personal injury lawyer from Munley Law is your key to justice after being injured in an accident in Hazleton. Our professional attorneys fight tirelessly to protect your rights and secure compensation. Don’t face this challenge alone – schedule your free consultation today, and let us put our experience to work for you. Nosotros hablamos español.
What a Hazleton Personal Injury Attorney Can Do For You
You may have a valid personal injury claim if you have been injured due to someone else’s negligence. But do you need an attorney?
While it is possible to file personal injury claims without the professional legal advice – working with an experienced attorney is almost always the best course of action. Here are a few reasons why hiring a Hazleton injury lawyer is highly recommended:
- Knowledge and Experience: Personal injury claims can be complex, […]
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Electrocution Accident Lawyer
Electrocution is a severe and potentially life-threatening event that can cause extensive damage throughout the body. When electricity passes through tissue, it can cause serious internal and external burns, muscle damage, and cardiac problems that may be fatal. The electrical current can affect multiple organ systems simultaneously, leading to injuries that may include severe burns, heart complications, nerve damage, and traumatic brain injury.
The severity of electrical injuries depends on several key factors: the intensity of the electrical current, the duration of exposure, and the path the electricity takes through the victim’s body. These elements determine both the immediate trauma and potential long-term complications for survivors.
Given the serious nature of electrical injuries, working with qualified legal representation is important. An experienced electrocution accident attorney at Munley Law can thoroughly investigate the incident, identify liable parties, and pursue appropriate compensation. […]
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Is PTSD Covered By Workers Compensation?
When we think of workers’ compensation laws, what first comes to mind are often the protections and benefits given to employees who have sustained a physical injury at the workplace. However, workers’ compensation is not limited to physical injuries from the job. Workers’ compensation insurance includes benefits for a mental health injury that results from the workplace and negatively impacts an employee’s ability to work and their quality of life.
Workers’ compensation can cover mental health conditions like Post-Traumatic Stress Disorder (PTSD) and psychological injuries that result from workplace trauma or a harmful work environment. However, to receive benefits, workers must prove their mental health condition was directly caused by their job or workplace.
Defining Post-Traumatic Stress Disorder
When we think of workers’ compensation laws, what first comes to mind are often the protections and benefits given to employees who have sustained a physical injury at the workplace. […]
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Can You Work While on Workers Compensation?
If you’re getting workers’ compensation benefits, you might be curious whether you can work while healing from your injury. The answer depends on what kind of injury you have and what your doctor says. Workers’ comp is meant to help you financially while you recover, but there are some work limitations to remember.
Some people can do lighter or modified jobs, while others may need to concentrate on getting better. Sticking to the guidelines given to you will help you avoid losing your benefits.
Workers’ Compensation and Work Restrictions
When you’re receiving workers’ compensation benefits, it’s essential to understand the legal guidelines surrounding work restrictions. Workers’ compensation is designed to provide financial support while you recover from an injury, but it also comes with specific rules about what type of work you’re allowed to do during your recovery. […]
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Forklift Accident Lawyer
Forklift accidents can cause devastating injuries, from broken bones and crushing injuries to traumatic brain injuries. At Munley Law, we understand the complex factors involved when these accidents occur at construction sites and industrial facilities. Whether you were injured as an operator or bystander, multiple parties may be responsible, from equipment operators and site managers to contractors and manufacturers.
Our experienced team of forklift accident attorneys will investigate every aspect of your case, from equipment maintenance and operator training records to potential OSHA violations. Through thorough investigation, we identify all responsible parties and hold them accountable for their role in causing your injuries. With Munley Law on your side, you don’t have to face this challenging time alone.
Contact us today for a free consultation about your forklift accident case.
Proven Results in Forklift Accident Cases
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