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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Can I File for Unemployment While Receiving Workers’ Compensation?
If you get injured at work, workers’ compensation may be an option for you. Often referred to as workers’ comp, this is a state-mandated insurance program that offers payment to those who have been hurt or experienced an occupational disease while at work. It’s an extremely common way for workers who have been injured on the job to cover medical expenses and make up for lost wages. But some workers may wonder: Can I collect both unemployment and workers’ comp benefits?
In Pennsylvania, workers’ comp payment areas include wage replacement benefits, death benefits, the coverage of medical expenses, specific loss benefits, and more. Private insurance companies can pay out workers’ compensation, the State Workers’ Insurance Fund, or self-insured employers, and most PA workers (with some exceptions) are guaranteed coverage by the Pennsylvania Workers’ Compensation Act. […]
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Wilkes-Barre Truck Accident Lawyer
Our Wilkes-Barre truck accident lawyers are dedicated to providing expert legal representation to those injured in truck accidents. Relying on 65 years of experience, our trucking accident attorneys know how complex these cases can be and are not afraid to stand up against the trucking companies. We have three attorneys on staff who are board-certified in Truck Law, the only law firm in Pennsylvania that has this distinction. Our peers and prestigious organizations have recognized our trucking accident attorneys for their work in truck litigation. We will work hard to get you the compensation you deserve.
When you choose us as your truck accident lawyer in Wilkes-Barre, you choose a firm deeply rooted in the Wilkes-Barre community with the experience needed to go head-to-head with the trucking companies. If you or a loved one was injured in a truck accident, contact the truck accident lawyers at Munley Law Personal Injury Attorneys for a FREE consultation. […]
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Jim Thorpe Personal Injury Lawyer
If you’ve ever been hurt in an accident, you know how overwhelming it can be to handle the aftermath. When dealing with medical expenses, lost income, or emotional distress, it can be not very clear to figure out where to turn for help. In Jim Thorpe, Pennsylvania, having the right personal injury attorney can make a difference in getting the fair compensation you’re entitled to.
Types of Personal Injury Cases in Jim Thorpe
Personal injury cases come in many forms. Here are some of the most common types that a lawyer serving Jim Thorpe might handle:
Car accidents
Car accidents are among the most common causes of personal injury claims. Whether it’s a fender bender or a more serious collision, you might be entitled to compensation if someone else’s negligence caused the accident.
Slip-and-fall accidents
Slip-and-fall accidents can lead to significant injuries, […]
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Quakertown Personal Injury Lawyer
Accidents can quickly turn your life upside down. Whether it’s a car crash, a slip and fall, or a workplace injury, they can impact your health, finances, and peace of mind. When accidents happen, they can quickly make your life very difficult. That’s where a Quakertown personal injury lawyer comes in—to help you with the legal process, hold those at fault accountable, and win the fair compensation you’re entitled to.
Common Types of Personal Injury Cases in Quakertown
The practice area of personal injury law covers a wide range of cases in which someone else’s negligence or wrongdoing has harmed accident victims.
Auto Accidents
Automobile accidents can cause harm like whiplash, broken bones, and brain injuries. It can be difficult to figure out who is at fault, so it’s important to speak with an accident lawyer with experience in dealing with these situations. […]
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McKeesport PA Personal Injury Lawyer
Discover the rich history and vibrant community of McKeesport, PA, a place Munley Law has been serving for decades. Nestled in the state of Pennsylvania, McKeesport is home to notable landmarks and roads that carry stories of its residents. As you navigate through McKeesport, you find a community that holds a deep connection to its roots, offering a blend of historical and modern elements that make it a unique place to live.
Understanding Personal Injury Law
Understanding personal injury law is the first step in your recovery after suffering an injury in an accident caused by someone else’s negligence. Personal injury encompasses a range of incidents from car crashes to other accidents and medical malpractice. Any kind of personal injury caused by negligence or wrongdoing demands justice and compensation. A McKeesport personal injury lawyer from Munley Law is equipped to guide you through the complex legal landscape. […]
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