What is Insurance?
Insurance is, “a contract whereby, for a stipulated consideration, one party undertakes to compensate the other for loss on a specified subject by specified perils. The party agreeing to make the compensation is usually called the “insurer” or “underwriter;” the other, the “insured” or “assured;” the agreed consideration, the “premium;” the written contract, a “policy;” the events insured against, “risks” or “perils;” and the subject, right, or interest to be protected, the “insurable interest.” (Black’s Law Dictionary 946. 4th Ed. Rev. 1968)
An insurance policy is a contract in which an individual or entity (the policyholder) pays an insurance company (the insurer) in regular payments in exchange for financial protection over specific risks or losses. For example, medical insurance helps to cover medical costs, such as hospital visits, hospital stays, and medications. Similarly, auto insurance helps to cover damages incurred from car accidents. Insurance payments are known as premiums. Insurance contracts typically limit the amount of costs that an insurance provider may be required to pay.
The McCarran-Ferguson Act (15 U.S.C. § 1011) grants many aspects of insurance regulation to individual state governments. However, federal laws like federal taxes do apply to insurance, and must be acknowledged. Insurance is important to the legal system, as it helps protect individuals, those who cause harm to individuals through negligence, and any third party that is faced with the burden of compensating for an injury.
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Suing a Neighbor for an Injury on Their Property
Property owners are responsible for keeping the property they invite others into safe. If they fail to clear the space of hazards and someone gets hurt, the injured person has the right to sue the negligent property owners responsible for their injuries.
If you or your loved one were injured on a neighbor’s property, you have the right to file a premises liability lawsuit against their insurance company. An experienced premises liability attorney at Munley Law will guide you through the claims process and help you recover fair compensation for your injuries and losses. Call today for a free consultation.
If I’ve Been Injured at My Neighbor’s Home, Can I Sue?
The short answer is, yes, you can sue if you were injured at your neighbor’s home. However, you must be able to prove the four elements of negligence to have a valid premises liability claim. […]
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3-Car Accident: Who Is at Fault?
Statistically, multi-vehicle accidents are more dangerous than two-vehicle crashes. Why? Because there are more vehicles involved, which increases the impact points. These accidents often occur on highways or major roads where vehicles are traveling at higher speeds. Three-way car accidents can trigger a domino effect and chain-reaction accident. The force of multiple impacts can result in more severe injuries to accident victims, including traumatic brain injuries, spinal cord injuries, and internal bleeding.
If you or your loved one were in a 3-car accident, you may have the right to file a car accident claim against the responsible parties. The Munley Law car accident lawyers have won millions for our clients, including a $17.5 million car accident settlement. We offer a free initial consultation where we will provide a reasonable assessment of your claim. Fill out our online contact form or call today to schedule your consultation. […]
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How Old Do You Have to Be to Bring a Personal Injury Case?
To file a personal injury lawsuit independently, you must be 18 years old in most states. However, if you’re under 18, your parents or legal guardians can file a claim on your behalf. The statute of limitations is typically paused until you reach 18, at which point you have the standard period (usually 1-3 years, depending on your state) to file. While minors can’t file directly, there’s no minimum age limit for having a case brought on your behalf – parents can pursue claims for injuries that occur at any age, from birth onward.
Personal Injury Cases and the Protections in Place for Minors
When a child is injured due to someone else’s negligence, understanding the legal process helps protect their rights and secure their future. While adults can immediately file lawsuits, the rules are different—but not more difficult—when minors are involved. […]
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If I Have a Bad Doctor While I Am in the Hospital, What Should I Do?
Discovering you have a subpar doctor while hospitalized can be frightening and frustrating. While most hospital physicians provide excellent care, some fall short of medical standards. According to recent studies, medical errors are now the third leading cause of death in U.S. hospitals, making it important to advocate for your care. When you’re concerned about the quality of your hospital doctor’s treatment, you need to know your options and rights. Here’s what you can do if you find yourself under the care of a physician who isn’t meeting professional standards of medical care.
Reasons You Might Be Dissatisfied with Your Doctor
You may come to be dissatisfied with your care for a wide range of reasons. While not every issue you have with a medical professional may be worthy of legal action, the following are potential signs of poor care and medical malpractice. […]
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Will My Employer Hold My Job While I Recover From a Work Injury?
Workers’ compensation benefits offer you a lot of things, like compensation for medical care, specific loss benefits, and payment of lost wages. But it doesn’t guarantee you’ll have a job to return to once your work-related injury or illness has recovered.
Pennsylvania is an at-will employment state, which means you can be let go from your position at any time, so long as it is not for a discriminatory reason. That would include filing for workers’ comp.
However, if your employer needs your job position to be active, for example, if you’re a full-time employee for a construction firm and are in the middle of a deadlined build, they have a right to replace you. But, when you return, they must offer you a suitable job replacement.
The only way to avoid at-will employment laws is to have stipulations in your employee contract or belong to the union. […]
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