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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The Impact of Social Media On Personal Injury Cases
If you have suffered or taken any injuries in personal cases, social media can be used effectively to provide evidence of these injuries. Because social media has become a critical part of our daily lives, it allows us to share our thoughts, experiences, and, more importantly, our injuries with a broad audience. In personal injury cases, social media platforms such as Instagram, Twitter, Facebook, TikTok, and even Snapchat can significantly impact the outcome of your lawsuit and future legal proceedings.
One of the most common ways social media is used in personal injury cases is during discovery. Discovery is the process where both parties involved in a lawsuit gather information and evidence from one another to strengthen their case. This commonly includes requesting documents and gathering information from social media accounts and posts.
Insurance companies and defense attorneys will usually search the social media profiles of various plaintiffs to find any evidence that may go against or contradict their claims of injury. […]
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Can I Sue Uber for Emotional Distress After an Accident?
Picture this: It’s Saturday night and you are leaving your favorite local restaurant. You plan to Uber back home after meeting up with friends. You book a car, and within no time, your Uber is waiting for you. All seems well until your Uber driver starts to exhibit signs of reckless driving. He’s speeding, being aggressive toward other drivers, and leaving you feeling uneasy. Then it happens, you’re in a car accident. Not only do you have physical injuries, but emotional trauma as well.
With more Americans opting for rideshare transportation, it’s no wonder that we’re seeing services like Uber and Lyft accounting for a percentage of total traffic accidents and fatalities. In a 2018 study by the University of Chicago and Rice University, it was found that rideshare services such as Uber and Lyft actually make up a two to three percent increase in traffic fatalities since 2011. […]
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What to Do If You Suffer Heat Stroke in the Workplace
As the temperatures continue to arise throughout the United States, so does the increase in heat related illnesses among workers that work outside for a living. Heat stroke is a severe heat-related illness that can occur when the body’s temperature regulation fails and body temperature rises to critical levels. It’s a condition that can strike swiftly, leading to devastating health consequences. Workers, particularly those in high-heat environments, need to be aware of the risks and symptoms of heat stroke to protect their health and well-being.
Understanding workers’ compensation after suffering a heat stroke while on the job is important, especially for those in Pennsylvania. If you suffer from a heat illness while on the job, you may be entitled to benefits under the Pennsylvania Workers’ Compensation Act. This law provides medical expenses and wage loss compensation to employees who become injured or ill as a result of their work. […]
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Road Trip Prep: What to Do to Avoid a Car Accident While on a Road Trip This Summer
Road trips can be exhilarating adventures for many of us. Just getting away for a weekend can be thrilling! But you may be surprised to learn that road trip accidents are more common than you think. And the best way to protect yourself from a car accident is to follow a few simple tips to minimize risks and ensure a safe journey.
Remember, if you do get into a car accident while on the road, one of your first calls should be to an experienced car accident lawyer from Munley Law. We will help you with your claim and make sure that you are properly compensated for your accident.
Let’s delve into the ways you can make your next road trip not only memorable but also safe.
Understanding the Common Causes of Road Trip Accidents
A summer road trip can be fun and a thrilling adventure. […]
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How to Report Unsafe Working Conditions in Wilkes-Barre
What is Considered an “Unsafe Working Condition?”
When most people hear the phrase “unsafe working conditions,” factories and operating large machinery come to mind. While it’s true that some industries are more high-risk than others, the reality is any workplace can be unsafe. For your own safety, you should know how to identify unsafe working conditions and how to report them to the appropriate authorities.
An unsafe working environment is an environment with hazards present that make it dangerous for you to carry out any of your job duties. The environment poses a threat to your health and safety and may interfere with you being able to do your job correctly. While some jobs are dangerous by nature, “unsafe working conditions” refer to circumstances outside of what is reasonable, normal, or acceptable by regulatory standards.
Examples of Unsafe Working Conditions
While this list is not exhaustive, […]
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