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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What to Do If You Suffer Heat Stroke in the Workplace
As the temperatures continue to arise throughout the United States, so does the increase in heat related illnesses among workers that work outside for a living. Heat stroke is a severe heat-related illness that can occur when the body’s temperature regulation fails and body temperature rises to critical levels. It’s a condition that can strike swiftly, leading to devastating health consequences. Workers, particularly those in high-heat environments, need to be aware of the risks and symptoms of heat stroke to protect their health and well-being.
Understanding workers’ compensation after suffering a heat stroke while on the job is important, especially for those in Pennsylvania. If you suffer from a heat illness while on the job, you may be entitled to benefits under the Pennsylvania Workers’ Compensation Act. This law provides medical expenses and wage loss compensation to employees who become injured or ill as a result of their work. […]
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Road Trip Prep: What to Do to Avoid a Car Accident While on a Road Trip This Summer
Road trips can be exhilarating adventures for many of us. Just getting away for a weekend can be thrilling! But you may be surprised to learn that road trip accidents are more common than you think. And the best way to protect yourself from a car accident is to follow a few simple tips to minimize risks and ensure a safe journey.
Remember, if you do get into a car accident while on the road, one of your first calls should be to an experienced car accident lawyer from Munley Law. We will help you with your claim and make sure that you are properly compensated for your accident.
Let’s delve into the ways you can make your next road trip not only memorable but also safe.
Understanding the Common Causes of Road Trip Accidents
A summer road trip can be fun and a thrilling adventure. […]
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Can I File for Unemployment While Receiving Workers’ Compensation in Wilkes-Barre?
Can I collect both unemployment and 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. Workers’ compensation can be paid out by private insurance companies, the State Workers’ Insurance Fund, or self-insured employers, and most Wilkes-Barre, PA workers (with some exceptions) are guaranteed coverage by the Pennsylvania Workers’ […]
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How to Report Unsafe Working Conditions in Wilkes-Barre
What is Considered an “Unsafe Working Condition?”
When most people hear the phrase “unsafe working conditions,” factories and operating large machinery come to mind. While it’s true that some industries are more high-risk than others, the reality is any workplace can be unsafe. For your own safety, you should know how to identify unsafe working conditions and how to report them to the appropriate authorities.
An unsafe working environment is an environment with hazards present that make it dangerous for you to carry out any of your job duties. The environment poses a threat to your health and safety and may interfere with you being able to do your job correctly. While some jobs are dangerous by nature, “unsafe working conditions” refer to circumstances outside of what is reasonable, normal, or acceptable by regulatory standards.
Examples of Unsafe Working Conditions
While this list is not exhaustive, […]
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PA passes Kevin’s Law, increases penalty for hit and run
State legislators passed a bill yesterday to strengthen Pennsylvania’s hit-and-run law. Kevin’s Law was named in honor of Kevin Miller from Dallas, PA, a 5-year-old boy killed by a hit and run driver as he crossed the street with his family in Wilkes-Barre four days before Christmas in 2012. Kevin Miller’s family, along with more than 60 local residents, traveled to the state capital yesterday to show support for passage of the law.
The original law carried only a mandatory minimum one-year in jail. Under the law change, the penalty for those who flee fatal crashes will be increased to a mandatory minimum of three years in prison. Kevin’s Law, amended into Senate Bill 1312, makes the penalty for fleeing the scene of a vehicular homicide the same as homicide by vehicle when drunk.
Alcohol is often a factor in these crashes, and pedestrians are often the victims, […]
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