Claim

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?

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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Mesothelioma Misdiagnosis Lawyers

BG Munley - Medical Malpractice

Have You or a Loved One Had a Mesothelioma Misdiagnosis?

Mesothelioma diagnosis errors are estimated to cause over 500 deaths every year.

If you or a family member has suffered because of a doctor’s improper or missed diagnosis of mesothelioma, you may be able to recover your past and future medical expenses, lost income, and compensation for your pain and suffering, diminished quality of life or reduced lifespan, disability, and more. Please contact Munley Law Personal Injury Attorneys today to speak with a mesothelioma misdiagnosis attorney. We have offices conveniently located in Scranton, Wilkes-Barre, Philadelphia, and Carbondale, PA.

About Mesothelioma

A layer of specialized cells – known as mesothelial cells – lines the inside of the chest, abdomen, heart and the other surfaces of most of our internal organs. Mesothelium, the lining formed by the cells, generates a lubricating fluid that allows our internal organs to move. […]

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Breast Cancer Misdiagnosis Lawyers

Have you or a loved one had a breast cancer misdiagnosis?

Cancer misdiagnosis currently accounts for 10-20% of all cancer cases and far exceed wrong drug and wrong surgical site errors. A vast majority of these late or incorrect diagnoses are life-threatening or result in death. For breast cancer alone, diagnosis errors are estimated to cause over 40,000 deaths every year. This is unacceptable.

If you or a family member has suffered because of a doctor’s improper or missed diagnosis of your breast cancer, you may be able to recover your past and future medical expenses, lost income, and compensation for your pain and suffering, diminished quality of life or reduced lifespan, disability, and more. Please contact Munley Law Personal Injury Attorneys today to speak with a breast cancer misdiagnosis attorney or call us at [phone-number]. We have offices conveniently located in Scranton, […]

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Pennsylvania personal injury lawyer: More accidents may be tied to GM faulty ignition switch

Marion MunleyIn what the New York Times reported as the most concrete movement yet that GM intended to compensate victims and their families, the lawyer hired by GM to determine compensation of victims of GM cars with faulty ignition switches met last week with lawyers representing hundreds of people and their families who claim they were affected by accidents involving the vehicles.

This may mean that that the potential number of those affected is much larger than the 13 deaths and 32 crashes that GM has previously admitted are linked to the faulty ignition. The Los Angeles Times reported in March that there could be as many as 303 deaths linked to those faulty ignition switches. This was based on a new report commissioned by the Center for Auto Safety, an independent watchdog group. GM vigorously challenged the report, stating that other issues could also have caused the 303 deaths. […]

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A Pennsylvania Injury Lawyer tells you what you should do right after a car accident

Pennsylvania Injury Lawyer: After you get into an accident, there are things that you can choose to DO and NOT DO right afterward that may affect your injury claim against the other driver’s insurance company.

A Pennsylvania Injury Lawyer will advise doing the following right after the accident takes place:

  • Stay inside your vehicle unless it’s too dangerous to do so
  • Turn on your hazard lights
  • Call 911 even if the accident didn’t seem too bad
  • Seek medical help for anyone involved in the accident if needed
  • Don’t move any vehicles or alter the scene unless you have to
  • Don’t leave the scene
  • Write down the names, addresses and phone numbers of everybody involved in the accident, including witnesses
  • Write down the names/badge numbers of police officers who come to investigate
  • Take pictures of injures and damage
  • DON’T admit fault
  • Call your insurance company right away and let them know what happened
  • DON’T talk about the accident with anyone except the police and your own insurance company. […]

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EMS Driver Caught Driving Drunk

State police in Swiftwater arrested a woman for driving an EMS vehicle drunk on December 29.

The emergency service driver was stopped for speeding and following another vehicle too closely. Arresting officers determined she was too impaired to drive.

Each year automobile accidents in Pennsylvania claim the lives of more than 1,000 people and injure another 85,000 more. More than 70 percent of the state’s auto accidents in 2010 resulted in an injury or fatality.

Far too many of these wrecks were caused by a driver’s negligence or recklessness.

Following is from the Scranton Times-Tribune:

A Monroe County woman was arrested Saturday for driving an emergency medical services vehicle while under the influence.

State police at Swiftwater stopped Stacy M. Ems, 23, Paradise Twp., around 1 AM for speeding and following another vehicle too closely on Buttermilk Falls Road, […]

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Disaster Averted With Wrong-Way Driver on I-81

Law enforcement had to form a moving road block to stop a confused Carbon County motorist who drove 18 miles the wrong way down Interstate 81.

Amazingly, nobody was hurt in the incident.

There are more than 100,000 motor vehicle crashes in Pennsylvania each year, according to the state Department of Transportation. These wrecks will claim the lives of 1,000 people and injure and disable many thousands more.

Here is one newspaper account of the wrong-way driver on I-81:

State police formed a rolling road block to stop a Carbon County woman who drove the wrong way on Interstate 81 for 18 miles starting near Dickson City.

State police at Dunmore received calls around 5:30 a.m. about a vehicle, driven by Paige Cicardo, 22, of Albrightsville, traveling south on I-81 north near the Main Avenue exit. […]

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Injury Victims of Train Accidents May Often Claim Compensation

A recent train derailment in South Jersey sent some 70 people to the hospital and caused the evacuation of more than 200 nearby homes. The reason? The train cars were filled with a dangerous chemical called vinyl chloride, a chemical that wafted through the air for at least several days.

The Nov. 30 train derailment near Paulsboro, N.J.,  sent four rail cars into the Mantua Creek when the train came off its tracks on a bridge. It took officials two weeks to get the cars out of the creek, which feeds the Delaware River that provides drinking water to some 15 million people.

While no one was killed in the Paulsboro train accident, the long-term effects of vinyl chloride are such that we may not know the full damage for years. The gas reportedly causes cancer and liver damage, according to the EPA.

Mike Schade with the Center for Health, […]

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7 Ways to Fast-Track Your Sandy Insurance Claim

Claim your insurance protection for damage done by Hurricane Sandy

In the wake of Hurricane Sandy, thousands of Pennsylvanians are filing insurance claims under homeowners, auto, health and even life insurance policies.

Many will face long waits and daunting paperwork.

Some insurance slowdowns are inevitable following a disaster of Sandy’s proportions. Damage estimates range from $7 billion to $50 billion, according to the Wall Street Journal.

But by taking a few simple steps Pennsylvania residents can improve the odds of their claims getting fast-tracked for approval:

  • Do your homework. Take pictures or video of the damage. Before-and-after photographs, purchase records and contractor estimates for repairs are especially valuable.
  • Hurry up and file your claim. “Experts say that many homeowners hesitate because they aren’t really sure if they have enough damage to merit a claim—or at least a claim that is more than the value of the policy’s deductible,” the Wall Street Journal reported. […]

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New Jersey Bus Driver Arrested after Causing Death of Passenger

The driver of a New Jersey Transit bus has been charged with vehicular homicide in the death of a passenger at an intersection in Passaic last month. The collision occurred after the man exited the bus and tried to cross in front of it as the driver accelerated through the intersection, according to a news report. Documents filed in the case allege that the bus driver ran a red light, hit the passenger and refused to stop despite that fact that passengers were yelling for her to stop. The driver has been a New Jersey Transit driver for 25 years.

Bus Accidents Are Common

Bus accidents are far more common than most people realize. According to the Federal Motor Carrier Safety Administration, there were more than 11,000 bus accidents across the country in 2008, injuring about 24,000 people. For those who depend on buses for transportation, […]

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New York Man Killed By Runaway Pickup Truck While Eating His Lunch Outside in Financial District

In what can only be called a freak accident, a 70-year-old clerk for the State Attorney’s Office was fatally injured last week when he was struck by a runaway truck as he ate his lunch outside a building on Broad Street in the Financial District of New York City. Witnesses said the 2008 Honda pickup accelerated out of nowhere onto the sidewalk and pinned the victim against the building. Although bystanders tried to administer CPR, he was pronounced dead at the scene.

According to news reports, the truck was driven by an employee of a security company that works in the area. Trucks are often used to keep vehicular traffic out of the pedestrian-only financial district. No charges were filed against the 50- year-old driver of the truck, who is a retired police lieutenant.

The fatal accident was a tragedy. The victim’s 29-year-old daughter said he was “a great father, […]

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Lightning Strike at Pennsylvania Racetrack Raises Concern of Spectator Safety

As severe thunderstorms rolled through the area on Sunday, 85,000 fans were sitting in stands and in the infield at the Pocono Raceway watching the Pennsylvania 400 NASCAR race.  For the safety of the drivers and the fans, the race was called off, but it was too late – two lightning strikes hit 10 spectators.

According to WNEP, the Monroe County EMA alert system issued a severe thunderstorm warning for the area at 4:12 p.m. NASCAR stopped the race at 4:54 p.m. The first lightning strike was shortly after 5 p.m., killing one man and injuring eight others. The second strike was reported at 6:35 p.m., injuring one person.

Officials with the Pocono Raceway and NASCAR are investigating the hour leading up to the tragedy.  While the racetrack officials contend warnings were issued, some of the attendees are disputing that claim.  Philly.com reports some attendees said there were no audible warnings given to spectators during the closing stages of the race. […]

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Text message sender is sued in distracted driving accident

Victims in distracted driving accident claim sender of text message enabled driver to be distracted

The victims of a distracted driving accident are making history in the lawsuit they have filed for damages.  A man and his wife who both lost their left legs when the motorcycle they were riding was struck by a driver who was texting are suing the sender of the text message as well as the driver.

The driver of the car that struck the New Jersey couple in Sept. 2009 pled guilty to using a hand-held cellphone while driving, careless driving, and failure to maintain a lane.  The man was sentenced to $775 in fines and was ordered to speak about the dangers of texting and driving at local high schools, according to the article in the New York Daily News.

The couple is seeking damage for medical costs related to their injuries.  […]

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Young Drivers In Denial That Distracted Driving Affects Them

Just last week we reported on a study from the University of Leeds that found drivers with just one hand on the wheel that are engaged in a “secondary task” are at increased risk of an accident.  Now, researchers at Bridgestone Americas report that while teenage drivers realize distracted driving is dangerous, they don’t see everything that takes one hand off the wheel as a distraction.

The survey, that underscores the findings by those at the University of Leeds, found that even though many teenagers and young adults claim they understand distracted driving, they are in denial that it affects them. In fact, one-third of those surveyed admit to reading text messages while driving, and nearly 25% surveyed do not believe that talking on the phone while driving is dangerous.

The company surveyed 2000 drivers aged 15- to 21-years-old.  Among the findings, the researchers found that the young drivers measure their level of safety as a driver by the fact that they haven’t been in an accident or ticketed. […]

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Widows Sue PA Bars for Serving Drunk Driver

July 1, 2011, two men leading the Last Chance Motorcycle Club, a group of riders who have overcome alcohol and drug addictions, were ironically struck head-on by a drunk driver, resulting in the death of two men and injuries to four others.  Now, the injured men and the widows of the deceased men have filed a lawsuit against the driver responsible and three bars that served alcohol to the drunk driver.

The group of motorcyclists was traveling from New Jersey to a friend’s funeral in Pennsylvania.  As they traveled on Route 512 in Bangor, PA, a pickup made a wide turn, crossed the center line and plowed head-on into the group traveling in the opposite direction. The driver was charged with vehicular homicide while driving drunk and aggravated assault.

Under Pennsylvania’s “dram shop law,” business owners can be held liable for the sale of alcohol to patrons who are clearly and visibly intoxicated. […]

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“Buckyballs” Magnets Pose Serious Risks to Young Children

Buckyballs magnets pose dangerous swallow hazard for young children

After learning that a 3-year-old child suffered from tears in her lower intestine and stomach after swallowing 37 Buckyballs, the company is once again warning consumers that the magnets are not toys.   The Buckyballs magnets were voluntarily recalled by the company in May 2010 after the U.S. Consumer Product Safety Commission (CPSC) warned of a swallowing hazard to young children.

The Los Angeles Times reported yesterday that the Oregon child underwent surgery to remove the magnets that had snapped together inside her stomach, resembling a bracelet.  She is expected to recover.  Last year, a sixth-grader in California underwent surgery after swallowing eight of the magnets.

Buckyballs are a set of round, high-powered magnets that are meant to be used by adults as a stress-relieving desk toy.  However, a serious danger is raised when a child swallows more than one magnet. […]

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Ohio Oral Surgeon Faces Second Lawsuit

The Chronicle-Telegram reports a retired Lorain, Ohio oral surgeon is being sued for an undisclosed amount by a patient who claims she “was injured and was caused to suffer seizures, neurological damage and other severe and debilitating injuries, some of which were permanent in nature,” during treatment in Dec. 2010.

According to the article, a motion attached to the lawsuit seeks a 90-day enlargement of time to file an affidavit of merit, stating “there is strong reason to believe a cause of action exists” against the surgeon and unnamed nurses, dental assistants and/or health care professionals that the suit lists as defendants.

The physician had previously been sued when a 13-year-old patient died after receiving sedation prior to oral surgery in December 2010.  The doctor’s insurance company paid $1 million to the family of the deceased girl, and the 81-year-old physician stopped giving intravenous sedation and agreed to retire in September.  […]

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Family of Injured Kentucky Nursing Home Patient to Receive $1 Million Settlement

According to an article in the Lexington-Herald Leader, a Fayette, Kentucky Circuit Court jury awarded the family of a nursing home patient $1 million for negligence resulting from a January 2009 incident.  The Alzheimer’s patient, in her late 80s, at Lexington’s Cambridge Place Nursing Home suffered extensive injuries in a fall after she went missing from her room.

The lawsuit alleged the woman suffered broken bones in her face, bleeding in her brain, and a serious cut on her forehead, and various other injuries, after she fell from her Merry Walker, a walker that includes a seat, and was later found severely injured in an equipment storage room.

The case was previously reviewed by the Cabinet for Health and Family Services and the attorney general’s office. An adult-protection worker found that the woman was a “victim of caretaker neglect and had been exposed to an extreme safety risk.”  […]

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Ohio Family Awarded $4.2 Million in Medical Malpractice Lawsuit

The family of an Ohio woman who died of a heart attack after being treated at Wheeling Hospital (WV) in 2009 has been awarded $4.2 million by an Ohio County jury.  The lawsuit was filed against Dr. Stephen Heirendt and EMPG of West Virginia, Inc.

The woman went to Wheeling Hospital, complaining of chest pains, where she was treated by Heirendt.  The suit claimed that the doctor did not follow appropriate standards of care, ultimately leading to her heart attack 11 days later.  The woman was 43-years-old.

The family was awarded $1.5 million for sorrow and mental anguish, $1.5 million for loss of services, $300,000 for loss of household services and $872,000 in lost wages.

If you or a loved one has been harmed by a form of medical negligence, you may have a medical malpractice claim.  Our attorneys at Munley Law are experienced and successful medical malpractice litigators and we fight to protect the rights of patients.  […]

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NC Medical System Charged with Negligence to Pay $25 Million

A father has been awarded $25 million by a Cumberland County, North Carolina jury after finding the Cape Fear Valley Health System negligent in reporting signs of child abuse against the man’s son.  The boy, who lived with his mother at the time, eventually suffered brain injury after additional abuse.

FayObserver.com reports that the lawsuit alleged if the hospital had reported signs of child abuse when the boy was initially treated for a broken wrist and other broken bones that he would not have received a beating later that “caved in his skull and took away his ability to talk or use his arms and legs.”

The young boy was taken to the Cape Fear Valley Medical Center in 2003 when he was six years old.  At the time he had surgery on his wrist, he was also vomiting, and further x-rays revealed an old rib fracture.  […]

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Pennsylvania Woman Awarded $23 Million in Medical Malpractice Case

WFMZ-TV reports a Lehigh County, Pennsylvania jury has awarded a Lehighton woman $23 million in a medical malpractice case.  The woman had both legs amputated after her home care nurse failed to evaluate and report an infected catheter for appropriate treatment.

The lawsuit alleged the delay in reporting the infection led to a bloodstream infection that ultimately required the woman’s legs to be amputated below the knees.

The jury found the nurse and her employer, St. Luke’s Miners Memorial Home Care, negligent in caring for the plaintiff.

A spokesman for St. Luke’s said, “As with all malpractice cases, this is a complicated situation, but the resultant jury award is excessive and shocks the conscience.”  The spokesman did not indicate if they would appeal the verdict.

If you or a loved one has been harmed by a form of medical negligence, […]

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