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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Philadelphia Medical Malpractice Lawyer
Medical Malpractice Attorneys in Philadelphia, PA
Medical mistakes are the 3rd leading cause of death in the U.S. If you need a Philadelphia medical malpractice lawyer, call or click to schedule a free consultation today. Medical malpractice is among the leading causes of death in the United States, and it accounts for an alarming number of avoidable illnesses and injury-related complications every year. Despite the high standards to which physicians and healthcare facilities are held, they continue to make mistakes regularly – and the consequences are often devastating for patients and their families.
At Munley Law Personal Injury Attorneys, we are well known for our experience in medical malpractice litigation. Our medical malpractice lawyers have consistently been named among the Best Lawyers in America, and we have recovered millions of dollars for victims of medical mistakes. […]
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Easton Workers Compensation Specific Loss Benefits
Known for its rich history, beautiful landscapes, and vibrant community, Easton, PA, offers diverse industries, businesses, and a skilled, flexible workforce.
Easton is known for its industrial history, but even today, the city still boasts a strong manufacturing base, with companies specializing in metal fabrication, food processing, plastics, and machinery production. These manufacturing enterprises contribute to the local economy and drive the entire region’s economic growth.
Workers in Easton are skilled and diverse. The city benefits from a highly trained labor pool, offering expertise in manufacturing, healthcare, education, technology, and other sectors.
Whether you are a server in one of downtown’s busy restaurants or a skilled worker in a manufacturing hub, when you are permanently injured at work, you can file a claim for financial compensation to help you recover and beyond.
If you have been injured during your work duties in Easton, […]
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Bethlehem Workers’ Compensation FAQs
What Happens When You’re Injured at Work in Bethlehem?
If you are an injured worker, you can receive help with your medical expenses and lost wages through PA workers’ compensation insurance. If you or a loved one suffers from a work-related injury, call the experienced Bethlehem workers’ compensation attorneys at Munley Law. We will help you file your paperwork, answer your questions, and fight for you to receive the workers’ comp benefits you are entitled to.
Call us today at our Lehigh Valley offices or complete our online form for your free case evaluation. An attorney with worker’s compensation law expertise will help guide you to your next steps.
What is Workers’ Compensation Insurance?
Workers’ compensation is a state-mandated insurance program (also known as workman’s comp or workers comp) that provides workers with financial relief for job-related injuries and illnesses. Most employees in PA are covered by workers’ […]
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Philadelphia Pedestrian Accident Lawyer
Struck By a Car, Truck, or Bus in Philadelphia? Our Pedestrian Accident Lawyers Can Help
Unfortunately, even the most careful pedestrians can encounter a careless or reckless driver, leading to a pedestrian accident injury that changes the course of their lives. If you or a loved one has been involved in a pedestrian accident anywhere in Philadelphia, you may have a personal injury claim. You need PA’s top pedestrian accident lawyers on your side. Call us today for a free accident consultation with your pedestrian accident lawyer.
Pedestrian crashes can lead to serious accident injuries, which lead to huge medical expenses. Injuries from pedestrian accidents can cause you to have months of lost wages, doctor visits, and physical therapy in the future. You may be rightfully scared and confused about what to do about ever-increasing medical expenses, […]
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Philadelphia Rideshare Accident Lawyer
Were You Injured in a Philadelphia Rideshare Accident and Now Need an Uber Accident Lawyer?
If you or someone you love was injured in a rideshare accident, it’s important to have an experienced rideshare accident lawyer on your side to fight for the compensation you deserve. Rideshare accident claims can be difficult to navigate on your own and you may not be sure who should be paying your medical bills. That’s why it’s important to speak with an experienced Philadelphia rideshare accident attorney right after your accident.
How Dangerous is a Rideshare?
While these apps help us get from point A to point B more efficiently, they can also contribute to a growing safety issue. When you choose to take an Uber or Lyft, it’s often for either convenience or safety if you plan on drinking. But you are putting trust in that driver, […]
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