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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PA Workers’ Compensation Denials
As a state with a long history of being at the forefront of industry, manufacturing, natural resources, and transportation, Pennsylvania has a long relationship with the fight for worker rights.
The need to safeguard workers became increasingly apparent as Pennsylvania’s industrial revolution moved forward in the early 20th century. Hazardous workplace conditions caused injuries to grow in both type and frequency. This surge in workplace accidents highlighted the necessity for laws designed to protect employees, leading to the development of workers’ compensation regulations. The Pennsylvania Workers’ Compensation Act of 1915 was a law that provided employees with financial protection while requiring employers to maintain workers’ compensation insurance coverage.
If you have experienced a workplace injury in PA, you should be able to rely on this historic Pennsylvania state law to provide a financial safety net for you and your family while you recover. […]
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How Many Truck Accidents Are There in a Year?
According to the Federal Motor Carrier Safety Administration, there are approximately 500,000 truck accidents in the United States each year. This substantial number of accidents underscores the critical importance of understanding the factors contributing to truck crashes and the measures needed to enhance road safety for all users.
Trucks are a common sight on US roadways. Commercial vehicles alone make up a significant portion. The trucking industry has a duty of care in transporting billions of tons of freight each year, a major part of the US economy. Over 3.5 million American truck driversare employed in the United States, and trucks make up 5% of all registered vehicles in the US. If that does not sound high to you, consider how heavy trucks are. A big rig with a tractor-trailer may weigh up to 80,000 pounds, while the average car weighs less than 10,000. […]
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Can Medical Malpractice Cause a Stroke?
Understanding Strokes: Types, Causes, Treatments, and Medical Malpractice
Strokes are critical medical emergencies that require swift and accurate treatment to avoid lasting damage. We will examine various stroke types, their causes, available treatments, and the impact of medical malpractice.
Types of Strokes
Delays in treatment can result in permanent disability or death. Stroke symptoms are not unique and can mimic other health issues, leading to potential misdiagnosis of stroke. Common signs of a stroke include:
- Weakness or numbness, particularly on one side of the body
- Paralysis
- Tingling in the arms or legs
- Sudden loss of leg strength
- Severe headache
- Loss of balance or coordination
- Slurred speech
- Inability to speak or understand speech
- Vision changes, such as blurred or double vision
- Dizziness
- Fainting
- Loss of vision
- Death
Strokes can vary in severity from mild to life-threatening, […]
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How Serious Does a Collision Have to Be for Airbags to Deploy
Airbags are designed to protect you in severe crashes, but they don’t go off in every accident. In modern vehicles, airbag sensors measure the impact and determine whether airbags should be deployed. This decision is influenced by factors such as the speed you’re traveling, the type of crash, and where your vehicle is hit. Typically, airbags will deploy in collisions at speeds over 10 miles per hour. For example, if you hit a stationary object or are involved in a rear-end collision, the airbags may go off. However, seat belts alone may be enough to keep you safe in these crashes, and the airbags might not deploy.
Vehicle Safety System and Airbags
Airbags are just one part of your vehicle’s safety system. Seat belts play a critical role in keeping you secure during a crash. They hold you in place, allowing the airbags to provide maximum protection. […]
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How Does PIP Insurance Work In Pennsylvania?
Personal Injury Protection (PIP) insurance in Pennsylvania is intended to help cover medical expenses and other
related costs if you’re injured in a car accident, regardless of who caused the crash. It’s like a safety net that guarantees you get immediate help paying for things like hospital bills, doctor visits, and even lost wages due to your injury. PIP immediately kicks in after an accident, providing financial support while you focus on recovering from your injuries.
What Is Personal Injury Protection (PIP)?
In Pennsylvania, PIP and “First-party benefits” (FPB) are often used interchangeably to describe the auto insurance coverage motorists must carry. This type of insurance is essential because it pays for financial losses regardless of who caused the crash.
PIP covers medical costs in the event of an accident. In some cases, it can also help with lost wages or funeral expense coverage if the accident results in a death. […]
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