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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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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How Do I Fix a Police Report if It Is Wrong?
The details in a police report can shape how your car accident case unfolds. If you spot any mistakes, don’t hesitate to speak up. Your quick action to fix errors could make a big difference in your claim or lawsuit.
What Is a Police Report?
Accurate and comprehensive police reports are essential following a car accident. These reports are critical evidence in insurance claims, personal injury lawsuits, and other legal matters. However, errors in these reports can significantly impact the outcome of your case.
Police crash reports contain vital information about the accident, such as the names and contact information of the parties involved, insurance policy numbers, and details about the scene of the accident and how it occurred. Typically, an incident report includes:
- Weather conditions and visibility on the day
- The time and date of the accident
- Details of the involved drivers (addresses, […]
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Gettysburg Personal Injury Lawyer
Munley Law has been serving the residents of Gettysburg, PA, for more than 60 years, providing world-class legal representation in personal injury cases. Our family of experienced attorneys is dedicated to helping victims of
accidents and negligence secure the compensation they deserve. We understand the physical, emotional, and financial toll that personal injuries can take, especially when caused by someone else’s negligence, and we are committed to standing by your side throughout the legal process.
Personal Injury Cases We Handle in Gettysburg
Our team of experienced lawyers handles a wide range of personal injury cases, ensuring that each client receives personalized and effective representation in all our practice areas. Our over 60 years of experience make Munley Law Pennsylvania’s trusted attorneys for personal injury and workers comp claims. We have nine office locations throughout PA, so you never have to travel far for world-class legal representation. […]
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Are Personal Injury Lawsuit Settlements Taxable?
The tax implications of personal injury settlements can be confusing, but Munley Law is here to help. 
Let our legal team at Munley Law Personal Injury Attorneys provide the clarity and expertise you need to handle your personal injury claim settlement with confidence. We will guide you throughout the process of your lawsuit as well as any tax implications. Talk to a personal injury attorney at Munley Law today for a free consultation.
Are Settlements Taxable?
Under the Unites States’ federal tax law, personal injury settlements are generally not taxable. The Internal Revenue Service (IRS) exempts these settlements from taxation to safeguard injured victims seeking compensation from additional financial stressors.
Non-Taxable Components of Personal Injury Settlements
“The amount of any damages (other than punitive damages) received…on account of personal physical injuries or physical sickness [are exempt] (IRC, […]
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Spine Injury from a Car Accident
Car accidents can result in devastating outcomes, with spinal injuries being among the most severe. Understanding the different types of spinal injuries, recognizing their common symptoms, and being aware of treatment options and potential compensation can help accident victims deal with these challenging circumstances. This blog provides essential information about spinal cord injuries that can occur from vehicle collisions.
Impacts of a Spinal Cord Injury from a Car Accident
Victims of motor vehicle accidents often face immediate physical and mental health challenges, with long-term effects that can drastically reduce their quality of life. Unfortunately, many accident victims may have to endure chronic pain due to spinal cord damage, nerve pain, or degenerative conditions for the rest of their lives. The moments immediately following a car crash are critical for the victim, as timely medical attention can significantly impact recovery.
Common injuries, […]
