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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Workers’ Compensation Third-Party Claims in Pennsylvania
When workers get hurt at work or become sick due to working conditions, Pennsylvania has a legal safety net that ensures they are financially protected while recovering from their injuries. This safety net usually comes in the form of workers’ compensation insurance, which almost all employers are legally required to carry for their employees, starting on their first day of employment. Most people are familiar with this concept of filing a claim when injured on the job. However, what happens when someone other than your employer is responsible for your injury?
A third-party claim is a personal injury claim you can file if you were hurt on the job, but an outside party is responsible for your injury. This claim allows injured workers to sue the at-fault party for pain and suffering. Learn more about a third-party claim and how to file one after a workplace accident. […]
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How Common Are Motorcycle Accidents in Pennsylvania?
In Pennsylvania, motorcycle accidents are unfortunately quite common. As a motorcycle rider, you should be aware that motorcycle crashes often result in severe consequences. In Pennsylvania, motorcycle accidents make up less than 3 percent of crashes in the Commonwealth but over 17 percent of total motorcycle fatalities. Many of these accidents lead to fatal injuries or catastrophic injuries, which can have long-lasting effects on your life and well-being. One major cause of these accidents is the blind spots of other vehicles, where drivers may not see you until it’s too late.
If you were involved in a motorcycle accident anywhere in Pennsylvania, Munley Law is here to help. Contact our motorcycle accident lawyer today to schedule a free consultation.
The Most Common Type of Motorcycle Accident: Left Hand Turns
Left turns by motorcyclists are the most common type of motorcycle accident, […]
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How to Obtain a Police Report After a Car Accident
Obtaining a police report after an accident is essential in documenting the incident and protecting your rights. Knowing how to access this information can streamline the aftermath of a stressful event, whether for insurance purposes or legal reasons.
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The Impact of Social Media On Personal Injury Cases
If you have suffered or taken any injuries in personal cases, social media can be used effectively to provide evidence of these injuries. Because social media has become a critical part of our daily lives, it allows us to share our thoughts, experiences, and, more importantly, our injuries with a broad audience. In personal injury cases, social media platforms such as Instagram, Twitter, Facebook, TikTok, and even Snapchat can significantly impact the outcome of your lawsuit and future legal proceedings.
One of the most common ways social media is used in personal injury cases is during discovery. Discovery is the process where both parties involved in a lawsuit gather information and evidence from one another to strengthen their case. This commonly includes requesting documents and gathering information from social media accounts and posts.
Insurance companies and defense attorneys will usually search the social media profiles of various plaintiffs to find any evidence that may go against or contradict their claims of injury. […]
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Can I Sue Uber for Emotional Distress After an Accident?
Picture this: It’s Saturday night and you are leaving your favorite local restaurant. You plan to Uber back home after meeting up with friends. You book a car, and within no time, your Uber is waiting for you. All seems well until your Uber driver starts to exhibit signs of reckless driving. He’s speeding, being aggressive toward other drivers, and leaving you feeling uneasy. Then it happens, you’re in a car accident. Not only do you have physical injuries, but emotional trauma as well.
With more Americans opting for rideshare transportation, it’s no wonder that we’re seeing services like Uber and Lyft accounting for a percentage of total traffic accidents and fatalities. In a 2018 study by the University of Chicago and Rice University, it was found that rideshare services such as Uber and Lyft actually make up a two to three percent increase in traffic fatalities since 2011. […]
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