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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Lowboy Truck Accident Lawyer
Were You Injured in an Accident With a Lowboy Truck? We’re Here to Help
Lowboy trucks are often carrying heavy loads, and accidents involving these types of rigs can be particularly devastating. Although things can go wrong in any type of trucking accident, there are a few specific outcomes that drivers should be aware of in a lowboy truck accident. Some of these scenarios include limited visibility because of the trailer, reduced brake responsivity due to the inertia of the trailer, and the possibility of the trailer detaching in a crash.
Collisions with lowboy trucks can be messy to navigate. In a regular, non-commercial crash, the relevant parties include the motorists and their respective insurance companies. As lowboy truck accidents are commercial in nature, the employer of the truck driver will be an additional party involved in the claims process.
If you or a loved one was injured in a lowboy truck accident, […]
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Easton Workers’ Compensation and Third Party Claims
Workers’ compensation is a system designed to provide financial benefits to employees who suffer work-related injuries or illnesses. It is a form of insurance that provides medical treatment coverage, wage replacement, disability benefits, and vocational rehabilitation to injured workers in Pennsylvania.
If you have been injured while on the job in Easton, PA, you might have questions about how the workers’ comp system works, who is eligible, how much you can receive, and more.
Nearly all employers in PA are required by law to carry workers’ compensation insurance for all employees beginning on the employee’s first day on the job.
An experienced Easton workers’ compensation attorney at Munley Law can answer your questions and guide you in beginning your claims process.
Sometimes, you are injured at work, and an outside party is at fault. You might also want to file a claim against that third party in this case. […]
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Easton Workers’ Compensation Death Benefits
Losing a loved one due to a work-related incident is an unimaginable tragedy, and during such a difficult and life-changing experience, it helps to know there is financial help through Pennsylvania workers’ compensation insurance.
In Pennsylvania, workers’ compensation death benefits are a form of financial assistance provided to the dependents and beneficiaries of an employee who has tragically lost their life due to a work-related incident or illness.
If you have lost a loved one in a work accident or due to an illness or disease from workplace conditions in Easton, PA, or any illness aggravated by workplace conditions, call Munely Law today.
Our Easton workers’ compensation attorneys have more than 60 years of fighting for the rights of Pennsylvania workers.
Let us help you understand what you are entitled to, navigate the workers’ compensation system, and receive your maximum allowed benefits. […]
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Easton Workers’ Compensation FAQs
What Type of Workforce Exists in Easton?
A central player in the American Industrial Revolution, Easton has always been a key figure in the life and commerce of the Lehigh Valley. You can still witness Easton’s historical canals that connected the area’s vibrant coal, steel, and iron industries. Easton’s commercial history is undeniable and today, Easton still boasts a vital and adaptable workforce.
If you have been hurt at work in Easton or have an injury aggravated by working conditions, you might have many questions about workers’ compensation benefits and workers’ compensation law in PA. You should know that you have a right to collect workers’ compensation benefits to cover your medical bills and lost wages for work missed while you recover from your work-related injury or illness.
Our Easton workers’ compensation lawyers have more than six decades of experience navigating workplace injuries including healthcare worker accidents, […]
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Philadelphia Nursing Home Abuse Lawyer
Nursing Home Neglect and Abuse in Philadelphia
Philadelphia nursing home employees are required to care for elderly residents’ needs and well-being at the highest level to ensure that the senior members of our families are as safe and healthy as possible. Far too often, long-term healthcare facility staff members neglect those duties and abuse the very people they are expected to protect.
If you suspect that your family member is suffering from physical, emotional, sexual, or financial abuse or neglect at a long-term care centre in Philadelphia or the surrounding counties, contact our experienced lawyers today for a free consultation. We will answer your questions regarding nursing home negligence, review the details and medical records, and advise you on how to proceed. Call a Philadelphia nursing home abuse lawyer, chat live, or fill out our email form today for a free, […]
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