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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Workers’ Compensation Death Benefits
Losing a loved one to a workplace accident or a work-related illness is a devastating experience. In addition to the emotional toll, families often face financial hardships due to the sudden loss of income. Pennsylvania workers’ compensation death benefits are designed to provide financial support to the dependents of workers who die as a result of work-related injuries or illnesses.
Understanding Workers’ Compensation Death Benefits in Pennsylvania
Workers’ compensation is a state-mandated insurance program that provides weekly benefits to employees who suffer work-related injuries or illnesses.
The primary goal of this system is to ensure that injured workers receive prompt and fair compensation for medical expenses, lost wages, and rehabilitation costs without litigation. In return for these guaranteed benefits, employees generally forfeit the right to sue their employer for negligence, creating a balanced system that protects workers and employers. […]
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What Age Group Causes the Most Car Crashes?
Drivers aged 16 to 19 in the United States cause the most car crashes. These young drivers have the highest crash risk among all age groups. Despite being less experienced drivers, they often engage in risky driving behavior like speeding and distracted driving. Having teen passengers in the car can increase the likelihood of fatal teen crashes. Accident lawyers usually deal with cases involving young drivers who were not paying attention or driving recklessly, leading to serious accidents. Licensed drivers in this age group are more likely to be involved in motor vehicle accidents than older, more experienced drivers.
Fatal crashes are prevalent among teen drivers. The death rate for drivers ages 16 to 19 is higher than any other age group. Many factors contribute to this high rate, including their lack of experience and propensity for risky driving behavior. Distracted driving, whether due to mobile phones or other distractions, […]
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Workers’ Compensation Specific Loss Benefits
Workers’ compensation is a vital safety net for employees who suffer work-related injuries or illnesses. In Pennsylvania, this system ensures that injured workers receive financial support and medical care without needing to prove fault.
Among the various types of workers comp benefits, there is a special type of insurance called “specific loss benefits.” These benefits address severe, permanent injuries.
Understanding Specific Loss Benefits in Pennsylvania Workers’ Compensation
Specific loss benefits are a category of workers’ compensation benefits designed to compensate for permanent injuries that result in the loss of a body part or the loss of use of a body part, including those due to injury, occupational disease, repetitive stress, amputation, or permanent disfigurement.
Unlike general disability benefits, which compensate for lost wages, specific loss benefits are paid through your employer’s workers’ […]
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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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How Common Are Motorcycle Accidents in Pennsylvania?
In Pennsylvania, motorcycle accidents are unfortunately quite common. As a motorcycle rider, you should be aware that motorcycle crashes often result in severe consequences. In Pennsylvania, motorcycle accidents make up less than 3 percent of crashes in the Commonwealth but over 17 percent of total motorcycle fatalities. Many of these accidents lead to fatal injuries or catastrophic injuries, which can have long-lasting effects on your life and well-being. One major cause of these accidents is the blind spots of other vehicles, where drivers may not see you until it’s too late.
If you were involved in a motorcycle accident anywhere in Pennsylvania, Munley Law is here to help. Contact our motorcycle accident lawyer today to schedule a free consultation.
The Most Common Type of Motorcycle Accident: Left Hand Turns
Left turns by motorcyclists are the most common type of motorcycle accident, […]
