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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Erie Workers’ Compensation Lawyer
Under the Pennsylvania Workers’ Compensation Act, employers must provide workers’ compensation benefits to part-time and full-time employees should they become hurt or ill at work. Workers’ comp benefits cover medical expenses and lost wages until you can return. However, the workers’ compensation process can be difficult, and an Erie workers’ compensation lawyer must navigate the claim.
If you were injured at work or have an occupational disease and are now undergoing the workers’ compensation claim process, call Munley Law. We represent injured workers applying for or being denied workers’ compensation benefits.
What Do I Need For an Erie Workers’ Compensation Claim?
Filing a workers’ compensation claim can be complicated, but having the information you need ready before the comp process begins can be beneficial.
You will first need to report the accident to your employer. You have 21 days from the accident date to file the claim. […]
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Understanding the Statute of Limitations for Reading, PA Truck Accident Claims
When you’ve been involved in a truck accident in Reading, PA, the aftermath can be overwhelming. Medical bills, vehicle repairs, and the emotional toll can be daunting. Amidst this chaos, it’s crucial to be aware of the legal timelines that govern your right to seek compensation.
The statute of limitations plays a pivotal role in this process. Essentially, it is a legal time frame within which you must file a lawsuit after a truck accident. If this window is missed, you may lose your right to claim any compensation.
Given the complexities of truck accident claims, understanding this time-sensitive rule is paramount. If you or a loved one has been in a truck accident, don’t navigate these waters alone. Reach out to a Reading truck accident lawyer at Munley Law for a free consultation, ensuring you’re well-informed and protected.
What is the Statute of Limitations? […]
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Understanding the Rights of Reading Truck Accident Victims
In recent years, Reading has witnessed a concerning uptick in truck accidents. These incidents, often devastating, have left many victims grappling with physical, emotional trauma, and financial burdens such as lost wages. Amidst this challenging landscape, the role of a Reading Truck Accident attorney becomes paramount. Munley Law Personal Injury Attorneys, with their seasoned expertise, stand at the forefront of this legal battle, ensuring that victims’ rights are not only understood but fiercely protected.
The aftermath of a truck accident can be overwhelming. Victims often find themselves navigating a maze of medical expenses, insurance claims, and potential legal actions. This is where the specialized knowledge of a Reading Truck Accident lawyer from Munley Law can make a significant difference. Our team is dedicated to guiding victims through the complexities of the legal system, ensuring they receive the compensation they rightfully deserve.
However, […]
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Personal Injury Glossary Terms
This glossary provides a quick-access resource for looking up definitions of terms you will likely encounter while seeking compensation.
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W
A
Accident Report — A detailed official record of an incident created on-site by an authority figure such as a police officer or hospital staff member.
Act of God — An unforeseen event caused by natural forces without human involvement that couldn’t have been prevented with reasonable care, […]
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How Reading’s Roadway Infrastructure Influences Truck Accidents
Truck accidents in Reading can happen suddenly and unpredictably; therefore, it is vitally important to have the support and advice of an experienced Reading truck accident attorney. Munley Law is familiar with Reading’s road system and how its unique traffic characteristics may contribute to accidents; they are therefore equipped to offer legal support and guidance to anyone affected by truck crashes in this unique urban environment.
What Sets Reading’s Roadways Apart?
Reading, Pennsylvania, is a key transportation hub with an intricate network of highways and roads essential to local and regional traffic. This part of Reading stands out for its distinct geography and history, and it also has an intricate road infrastructure.
Reading’s main road system is marked by significant arteries such as U.S. Route 222 and Penn Street Bridge, which facilitate heavy commuter and commercial traffic flows. U.S. Route 422 connects Reading with major cities such as Philadelphia and Harrisburg while also carrying heavy truck loads, […]
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