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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Reading Erb’s Palsy Lawyer
At Munley Law, we understand the challenges parents face when their child suffers from birth injuries like Erb’s palsy. Our experienced Reading, Erb’s palsy attorneys specialize in birth injury cases, and can help your family recover the financial compensation you deserve.
What Is Erb’s Palsy?
Erb’s palsy, also known as brachial plexus birth palsy, is a condition that occurs when the nerves in a baby’s upper arm are damaged during birth. This injury affects the brachial plexus—a network of nerves responsible for movement and sensation in the shoulder, arm, and hand. Babies with Erb’s palsy may have weakness, loss of movement, or even paralysis in the affected arm. While some infants recover over time with therapy, others may face lifelong limitations.
Is Erb’s Palsy the Same Thing as Brachial Plexus?
Erb’s palsy is a specific type of brachial plexus injury. […]
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What’s the Difference Between Permanent and Temporary Disability?
If you’ve been hurt at work and are now undergoing the workers’ compensation benefits forms, you’ll likely see words like temporary disability benefits and permanent disability benefits. Ultimately, your medical improvement will determine the types of workers’ compensation coverage you qualify for. However, these two categories can make a great deal of difference in your compensation for your work-related injury.
In general, your workers’ comp claim can get you financial compensation for medical bills, loss of wages, and future earnings loss in the case of long-term disability.
Before you begin the process, contact a workers’ comp attorney who can guide you to ensure you get the financial benefits you are legally entitled to.
Understanding the Difference Between Temporary and Permanent Disability in Workers’ Comp Cases
The main difference between temporary and permanent disability is when the injured cannot work. […]
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Lancaster Nursing Home Abuse Lawyer
Placing your loved one in a nursing home or assisted living facility likely wasn’t a decision you made lightly. You thought this placement would be the best option to keep your loved one safe and ensure they received the necessary medical treatment. Elderly loved ones are, of course, more prone to injury, which is probably one reason you selected a nursing home or assisted living facility. You could have never imagined that the carefully selected facility you chose would commit elder abuse. Still, unfortunately, nursing home residents are often victims of various forms of abuse, from emotional abuse to financial abuse and medical neglect.
Understanding Nursing Home Abuse and Neglect in Lancaster, PA
In Lancaster, nursing home abuse and neglect can take many forms; the most common we see in nursing homes, assisted living facilities, and long-term care facilities include:
- Unsanitary living conditions
- Poor hygiene
- Physical abuse
- Physical neglect, […]
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Reading Warehouse Worker Injury Lawyer
Many industries in Pennsylvania rely on warehouse workers to support business. What many people fail to realize is the danger these workers face every day and the commonness of work-related injury.
Injured workers are pressured to keep moving after a work-related incident to keep production pace. Under workers’ compensation laws, employees can seek medical care and recover without fear.
Injured Reading warehouse employees need support. If you were hurt at work, call the workers’ compensation attorneys of Munley Law today.
Major Warehouse Employers in Reading, PA
Given its proximity to Philadelphia, New York City, Baltimore, and Washington, Reading, PA, is a hub for commerce. With a diverse workforce and transportation infrastructure, many warehouses exist in Berks County.
Major warehouse employers in Reading, PA include:
- Amazon
- Lowes
- UPS
- Uline
- S. […]
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Reading Burn Injury Lawyer
Severe burn injuries can have a catastrophic impact on accident victims. From the cost of medical treatment, the physical pain of the burns themself, and the emotional trauma, burn victims need support following their accident.
The Munley Law Reading burn injury lawyers understand the devastation burns can have on the victim and their family. Whether you sustained a burn from a work accident, a defective product, a house firm, or another accident, our lawyers will help you get the financial compensation you need to take care of yourself.
If you or a loved one sustained catastrophic burn injuries, call the Reading personal injury lawyers of Munley Law today for a no-obligation, free consultation.
Common Causes of Burn Injuries
According to the World Health Organization (WHO), a burn is “an injury to the skin or other organic tissue primarily caused by heat or due to radiation, […]
