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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Harrisburg Wrongful Death Lawyer
Grief over the loss of a loved one can be all-consuming. Sadness, anger, depression, loneliness, and even numbness – they are all common responses to losing a spouse, child, parent, sibling, or close friend. In the midst of your grief, the last thing on your mind is a personal injury lawsuit. However, even though it may not seem like it now, the compensation you can recover from a claim for damages may be the thing that stands between financial debt and financial freedom following the death of that beloved person due to the negligence of others.
At Munley Law, our compassionate Harrisburg wrongful death lawyers are deeply understanding of what you and your family are going through. We are here to protect your rights, to secure fair compensation for your losses, hold the responsible party accountable, and give you a sense of justice in the midst of your grief. […]
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Philadelphia Wrongful Death Lawyer
If you have lost a family member due to someone else’s negligence, you will need a Philadelphia wrongful death lawyer to help with the case. The individual or company responsible for your loved one’s death needs to be held accountable, and Pennsylvania law entitles surviving family members to seek just compensation. While no amount of money can replace what you have lost, a wrongful death suit can hold the negligent party accountable for their actions and help provide future security for you and your family.
At Munley Law, our top rated wrongful death attorneys bring decades of experience representing families in the Philadelphia area. Our attorneys have fought for families in wrongful death cases involving all types of fatal accidents, and we have recovered millions of dollars in compensation for our personal injury clients’ losses. We understand your situation and want you to know that we are here to help in any way we can. […]
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Pennsylvania Whistleblower Lawyer | Report Fraud & Workplace Violations
If you have seen fraud, safety violations, or illegal activities at work, you have legal rights. Federal whistleblower laws protect you. At Munley Law, our skilled whistleblower lawyers have helped workers across the country. We have assisted in reporting violations, getting financial rewards, and protecting them from workplace retaliation. For over 65 years, we have helped clients recover millions of dollars in federal courts nationwide.
No matter what issue you have, our team knows the federal laws involved and can use that knowledge to help your case. These laws serve to protect whistleblowers across the country. Some whistleblower laws can vary state by state. Our Pennsylvania whistleblower lawyers are ready to stand by you no matter where your case is. Contact us today for a free consultation.
What Types of Whistleblower Cases Do We Handle?
Whistleblower reports often involve fraud and violations that can harm the government, […]
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Can I Sue DoorDash for a Car Accident With One of Their Drivers?
If you were involved in a car crash with a DoorDash driver, there is a possibility that you could sue DoorDash, depending on the circumstances of the incident. To determine whether you can sue DoorDash for the accident, you should consult a car accident attorney at Munley Law, who will be able to help you assess the different intricacies that may affect your case.
Determining Liability in DoorDash Delivery Driver Accidents
Determining liability in an accident with a DoorDash delivery driver can become a bit complicated. Liability in a car accident is determined by using the police report filed at the scene, information from any witnesses to the crash, information from those involved in the accident, photos or videos of the accident scene, and state laws.
One factor that makes determining liability in a car accident more complex is that the collision either occurred in an at-fault or no-fault state. […]
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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. However, the system does require you to follow very specific rules in order to make a claim or receive your due successfully. […]
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