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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Scranton Workers’ Compensation FAQs
Frequently Asked Questions About Workers’ Comp in Scranton, PA
Scranton has always been an industrious city. A hub of manufacturing and industry since 1840, modern-day Scranton is the cultural, financial, and geographic center of the Lackawanna River Valley. Unparalleled access to a national transportation network enhances Scranton’s proximity to Northeast Corridor markets.
Scranton’s businesses have quick access to a busy international airport and accessibility to five major US highways. Scranton is just a short drive to major market hubs such as Philadelphia and Manhattan. Include Scranton’s rail access to Norfolk Southern and the Canadian Pacific Railway, and we can see why Scranton is the perfect home for busy manufacturing, retail, and warehouse operations.
Scranton’s historical beauty, location, and architecture and its proximity to the Poconos also mean that Scranton draws its share of tourism traffic.
According to the Department of Labor and Industry, […]
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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, […]
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State College Personal Injury Lawyers
If you or a loved one has been injured in State College because of an accident, a personal injury lawyer can help you make sense of your options. These legal experts specialize in helping people harmed by others’ negligence or misconduct.
Whether you were in a car accident, had a slip and fall, or were injured in another way, a State College personal injury attorney can guide you through the legal process. They’ll work to get you the compensation and support you deserve, allowing you to take the time to focus on your recovery.
Personal Injury in State College
In State College, personal injuries can arise from various accidents. Car accidents, slip and falls, medical malpractice, and workplace injuries are common sources of insurance claims and lawsuits. Each case requires understanding the specific laws and regulations of State College. […]
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Dedicated Workers’ Compensation Lawyer
When you sustain workplace injuries or illness, you may wonder how you can afford your medical bills or how you’ll get paid for missed time from work. Fortunately, workers’ compensation benefits cover most employees. However, these benefits may not be as straightforward as they seem. Many times, the insurance provider will try to deny your claim. They may try to say your injuries were not sustained while on the job, your injuries are exaggerated, or you failed to file your workers’ compensation claim correctly. If this happens, you need a skilled workers’ compensation lawyer to help you with your workers’ comp claim.
If you’re having trouble with your workers’ compensation claim, speak with a personal injury lawyer at Munley Law Personal Injury Attorneys. For 65 years, our workers’ compensation attorney has been helping injured workers file workers’ comp claims and get the benefits they are owed. […]
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What is a Workplace Injury in Harrisburg, PA?
Harrisburg, the capital city of Pennsylvania, has a diverse employment landscape, from its bustling transportation hubs and manufacturing plants to administrative roles in government sectors. Despite safety measures, workplace injuries are not uncommon. A work related injury is defined as any harm or illness sustained due to job-related activities.
Such incidents can range from minor cuts or bruises to more severe traumas. Harrisburg residents, when facing the repercussions of such misfortunes, often find themselves in a complex works compensation claim. This inevitable adds extreme amounts of stress to an already-stressful situation.
In these trying times, it is essential for injured workers to understand their legal rights. The Harrisburg workers compensation lawyers at Munley Law have extensive knowledge of Pennsylvania law. Our attorneys will work to ensure that the injured workers’ rights are protected and they secure fair compensation for their work related injuries. […]
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