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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Workers’ Compensation Third-Party Claims in Pennsylvania
When workers get hurt at work or become sick due to working conditions, Pennsylvania has a legal safety net that ensures they are financially protected while recovering from their injuries. This safety net usually comes in the form of workers’ compensation insurance, which almost all employers are legally required to carry for their employees, starting on their first day of employment. Most people are familiar with this concept of filing a claim when injured on the job. However, what happens when someone other than your employer is responsible for your injury?
A third-party claim is a personal injury claim you can file if you were hurt on the job, but an outside party is responsible for your injury. This claim allows injured workers to sue the at-fault party for pain and suffering. Learn more about a third-party claim and how to file one after a workplace accident. […]
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Philadelphia Bus Accident Lawyer
Expert Legal Assistance for SEPTA Bus Accident Victims
If you’ve been injured in an accident involving a SEPTA vehicle in the Philadelphia area, you may be entitled to compensation. The Southeastern Pennsylvania Transportation Authority (SEPTA) operates a vast network of buses, trains, trolleys, and subways serving Philadelphia and its surrounding counties. Accidents involving SEPTA vehicles can result in serious injuries, leading to significant medical expenses, lost wages, and other damages.
Filing a personal injury claim against SEPTA involves specific legal requirements, including providing notice of your intent to sue within six months of the accident.
Additionally, you must adhere to other conditions to recover compensation, such as timely filing of your lawsuit and presenting a strong case backed by thorough evidence. This process can be complex and challenging, but the experienced Philadelphia bus accident lawyers at Munley Law Firm are here to help. […]
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Amazon Van Accident Lawyer
It’s no secret that Amazon places immense pressure on its drivers to make the maximum amount of deliveries in the shortest amount of time. Drivers are constantly double-parked, in a rush, distracted by GPS and time constraints, and are often not experienced CDL drivers. As these Amazon delivery vans are a common sight on the roads, the e-commerce giant continues to expand its delivery network. With more and more delivery truck drivers on the road, accidents involving these vehicles are unfortunately on the rise.
If you have been in a collision with an Amazon van, call an Amazon van accident lawyer at Munley Law today. We have been fighting for the rights of accident victims for 65 years.
Types of Amazon Delivery Truck Accidents
The types of Amazon delivery truck accidents include:
- Rear-end collisions often occur when the Amazon van follows another vehicle too closely or fails to stop in time. […]
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Virginia Truck Accident Lawyers
If you or a loved one have been in a truck accident in Virginia, managing injuries and damages can be overwhelming. Truck accident injuries and damages can be overwhelming for you and your family. On top of that, managing medical care, lost wages, and unforeseen expenses with the most efficient practice is a lot to take on when emotions are high, and pain management can be genuine. A knowledgeable and experienced Virginia truck accident lawyer can help steer your case and help you receive the fair compensation you and your loved ones are entitled to during this vulnerable time. Contact a truck accident lawyer at Munley Law for your free consultation and case review today.
What does a truck accident lawyer in Virginia do?
A Virginia truck accident lawyer makes sure to encompass the circumstances of your accident with care, combing through all details. […]
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Catastrophic Injury Lawyer
A personal injury is always an emotional and sometimes traumatic experience. But you need support when those injuries result in catastrophic, life-long consequences. The catastrophic injury lawyers of Munley Law have spent decades representing accident victims as they recover and learn to live with these severe injuries.
For a no-obligation, free case evaluation, contact the catastrophic injury attorneys of Munley Law today.
What Qualifies as a Catastrophic Injury?
As defined by 42 USC 3796b, a catastrophic injury is one that “permanently prevent(s) an individual from performing any gainful work.” Essentially, this means that the victim’s injuries are so severe that the standard personal injury case would not cover their long-term needs.
Medically, a catastrophic injury causes severe injury or damage to the spine and spinal cord, brain, loss of a limb, or
severe burns. These injuries require extensive medical care, […]
