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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Why Should You Always Keep Your Distance From a Large Truck?
You should maintain a safe distance from large trucks because their significant blind spots make it difficult for drivers to see nearby vehicles, especially directly behind or beside the truck. Trucks may need to make wide turns, so staying back reduces your risk of collision if the truck brakes suddenly or maneuvers. Additionally, trucks require much more stopping distance than regular passenger vehicles. If the truck comes to a sudden halt and you’re driving too closely, your car may run into the back of the truck, which can have devastating results for you and your passengers.
Motor vehicle crashes can happen any time, anywhere and sometimes, they are unavoidable. However, there are simple safety tips drivers
can use to remain as safe as possible while on the road. One of the main ways is to create a safe following distance between your motor vehicle and the vehicle in front (and behind!) of you – especially if it’s a larger vehicle like a truck! […]
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My Airbag Didn’t Go Off in a Car Accident. Can I Sue?
Being in a car accident can be scary, especially when the safety features of your vehicle do not work the way they are supposed to. But what happens when you were in a car accident and your airbags didn’t go off and you suffered injuries. Can you sue?
In general, yes you can sue if your airbags didn’t deploy during a car accident. However, who you can sue depends on a variety of factors.
Munley Law Will Determine Why Your Airbags Did Not Deploy in a Car Accident
In 1998, the Intermodal Surface Transportation Efficiency Act of 1991 went into effect, requiring that all cars and light trucks sold in the United States to have air bags on both sides of the front seat.
Since then, all drivers have come to expect that when they are involved in a motor vehicle accident, […]
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Tamaqua Personal Injury Lawyer
If a car accident, workplace injury, truck accident, medical negligence, or other catastrophic injury has left you with medical bills and lost wages. In that case, you need a personal injury law firm with experience. The Tamaqua personal
injury lawyers of Munley Law have decades of experience helping Schuylkill County residents with their most complex injury claims.
If you or a loved one were hurt in an accident and need legal advice, contact the Munley Law firm. We take on the insurance companies to ensure you get fair compensation for your injuries. Call the Tamaqua personal injury attorneys today.
Helping People in Schuylkill County and Beyond
Getting into an accident can cause physical, emotional, and financial hardships for the victim and their family. In some cases, these injuries can lead to long periods away from work, and in some cases, […]
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Can I Still Pursue Compensation If I Was Partially At-Fault for My Injuries?
The insurance system can be overwhelming after a car accident, especially when you are healing from injuries. As a no-fault state, Pennsylvania insurance policies generally make it a little easier to get your medical bills covered quickly regardless of who may have been at fault.
However, seeking compensation from another driver for injuries and damages can be complicated, depending on your insurance policy and the percentage of negligence you are responsible for. Partnering with an experienced car accident attorney will help you manage your claim and recover the most compensation available for you.
When Can I Seek Compensation from Another Driver?

When you can seek compensation from another driver depends on what kind of compensation you are seeking. In general, Pennsylvania’s no-fault system means that the average insurance policy does not allow you to seek compensation for medical bills or personal injuries sustained in an accident. […]
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What Is the Average Time for a Car Accident Settlement?
How Long Does a Car Accident Settlement Take?
After a car crash, you want to put it behind you, including the settlement. You may be asking “What is the average time for a car accident settlement?” However, every car accident is different, which is why there is no average time for a car accident settlement. Especially when you’re waiting for an insurance company to pay up.
The timeline for an auto accident settlement process depends on the facts of the case, the insurance companies included, and the severity of your injuries.
Typically, the settlement process can take weeks to months, and in some severe cases, years. Don’t go it alone. A car accident attorney can help you through the process.
Remember, a settlement and a lawsuit are two different things. A fair settlement is reached before a court case or even during one. […]
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New York Car Accident Lawyer
Work with an Experienced New York Car Accident Attorney
In New York state, there are an average of 1,098 traffic accident related deaths every year; in fact, car accidents are the leading cause of injury-related death for New Yorkers. Beyond that, more than 12,000 New Yorkers are hospitalized annually for injuries from traffic accidents; this means that 61.5 out of every 100,000 people in the state are hospitalized for this reason each year. Car accidents are a harrowing experience for anyone involved, and PTSD is a common result of experiencing a serious accident. The physical, mental, emotional, and financial toll of a car accident cannot be overstated.
The good news, however, is that you don’t have to go it alone. If you or a loved one has been in a car accident in New York, you may be overwhelmed by an endless stream of questions: Will my insurance cover this? […]
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Can a Passenger Sue Both Drivers?
Filing a Claim as a Passenger in a Car Accident
If you have been injured in a car accident, you probably have a lot of questions about your car accident case, and depending on the incident, one of them may be, “Can a passenger sue both drivers?”
When a car accident takes place, an investigation will occur to determine who is at fault. Insurance companies will review the data and police report and come to a determination. Sometimes, it is a single driver who is found to be negligent and at fault; perhaps they were driving drunk or made a reckless decision.
Let an experienced motor vehicle accident injury lawyer at Munley Law help answer your questions today with a free consultation.
When Multiple Drivers are Involved in a Collision
Other times, […]
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Hospital Negligence Lawyer
Whether you’ve been hurt in an accident, are receiving specialized treatment, or are sick, being in a hospital can be a stressful experience. We trust medical professionals to provide the best standard of care, yet hospital negligence
happens. Be it inadequate hospital staff, rushed doctors, or unsanitary conditions, if your hospital stay ends in more issues, you deserve justice. That’s where the hospital negligence lawyers of Munley Law come in.
For decades, our medical malpractice attorneys have fought for the fair treatment of the sick and injured. Allow our experienced attorneys to review your case and get you the compensation you deserve.
Call the hospital negligence lawyers of Munley Law today for a no-obligation, free consultation.
What Is Hospital Negligence?
Hospital negligence is a form of medical malpractice where a hospital employee–a nurse, doctor, […]
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York Slip And Fall Lawyer
Accidents can happen when we least expect them, even in an idyllic setting such as York, PA. One of the most common types of accidents is a slip and fall incident — not only can this type of accident come as a such, it can also lead to serious injuries.
The consequences of a slip and fall can be physically, emotionally, and financially devastating. Whether you’ve slipped and fallen on a wet floor in a store, an icy sidewalk, or a poorly maintained property, it’s essential to know your rights and seek the guidance of a dedicated York slip and fall attorney. Working with a premises liability attorney can increase your changes of securing financial compensation, and can also make an overwhelming process that much more manageable.
Don’t hesitate to contact us today to schedule a free consultation with an experienced slip and fall lawyer, […]
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Bensalem Pedestrian Accident Lawyer
Bensalem, rooted in Pennsylvania’s deep historical legacy and highlighted by landmarks like the Parx Casino and Penn Community Bank Amphitheater, has a unique blend of bustling urban life and respected cultural heritage. Yet, amidst its vibrant streets, pedestrian accidents do occur, changing the lives of victims and their families.
In such challenging times, a Bensalem, Pennsylvania pedestrian accident lawyer becomes crucial, offering expert guidance through the complex legal terrain of pedestrian injuries while having an understanding of Bensalem’s bustling intersections.
Why You Need a Bensalem Personal Injury Attorney
In Bensalem, pedestrian accidents, while unfortunate, are a stark reality. According to the National Highway Traffic Safety Administration (NHTSA), in 2022 “while fatalities overall declined, fatalities amongst cyclists and pedestrians continued to rise.” Pedestrian accidents often involve complex factors such as negligent drivers, pedestrian behavior, road conditions, and traffic signals. Given the intricacies, […]
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Bensalem Catastrophic Injury Lawyer
The journey towards securing justice and fair compensation after a catastrophic injury is both distinctive and challenging, which is why it is in your best interest to partner with the Bensalem catastrophic injury lawyers at Munley Law. We offer a free case evaluation to new clients where you will speak with an experienced catastrophic injury attorney who will guide you through the legal process and work to ensure you recover the compensation you deserve.
Understanding the Nature of a Catastrophic Injury
When it comes to personal injuries, not all are created equal. Some are so severe that they drastically change the course of a person’s life, which brings us to the realm of catastrophic injuries.
Definition and explanation of a catastrophic injury
A catastrophic injury typically refers to injuries that have life-altering consequences and prevent individuals from performing any gainful work. […]
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Can Medical Malpractice Cause a Stroke?
Understanding Strokes: Types, Causes, Treatments, and Medical Malpractice
Strokes are critical medical emergencies that require swift and accurate treatment to avoid lasting damage. We will examine various stroke types, their causes, available treatments, and the impact of medical malpractice.
Types of Strokes
Delays in treatment can result in permanent disability or death. Stroke symptoms are not unique and can mimic other health issues, leading to potential misdiagnosis of stroke. Common signs of a stroke include:
- Weakness or numbness, particularly on one side of the body
- Paralysis
- Tingling in the arms or legs
- Sudden loss of leg strength
- Severe headache
- Loss of balance or coordination
- Slurred speech
- Inability to speak or understand speech
- Vision changes, such as blurred or double vision
- Dizziness
- Fainting
- Loss of vision
- Death
Strokes can vary in severity from mild to life-threatening, […]
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Spine Injury from a Car Accident
Car accidents can result in devastating outcomes, with spinal injuries being among the most severe. Understanding the different types of spinal injuries, recognizing their common symptoms, and being aware of treatment options and potential compensation can help accident victims deal with these challenging circumstances. This blog provides essential information about spinal cord injuries that can occur from vehicle collisions.
Impacts of a Spinal Cord Injury from a Car Accident
Victims of motor vehicle accidents often face immediate physical and mental health challenges, with long-term effects that can drastically reduce their quality of life. Unfortunately, many accident victims may have to endure chronic pain due to spinal cord damage, nerve pain, or degenerative conditions for the rest of their lives. The moments immediately following a car crash are critical for the victim, as timely medical attention can significantly impact recovery.
Common injuries, […]
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How Long After a Car Accident Can You Sue in Pennsylvania?
In Pennsylvania, you generally have two years to file a lawsuit if you’re involved in a car accident and considering seeking damages. This means that after two years, you may lose the right to sue for your car accident case, so acting
within this period is essential to make sure your case is heard.
At Munley Law Personal Injury Attorneys, we specialize in personal injury cases, including those resulting from car accidents. Our seasoned car accident attorneys are adept at handling these tough cases and work hard to get you the compensation and justice you deserve.
Munley Law provides comprehensive support, guiding you through every step of the legal process to make it more understandable and less overwhelming. Our expertise and dedication help accident victims confidently face the legal system, ensuring their rights are protected, and their voices are heard.
What Is the Statute of Limitations on Car Accident Lawsuits in Pennsylvania? […]
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Chambersburg Personal Injury Lawyer
Have you or a loved one suffered an injury in Chambersburg, PA? Facing the recovery from an injury can be
overwhelming, but you don’t have to face it alone. Turn to Munley Law, where our team of Chambersburg personal injury attorneys is ready to fight to ensure that those responsible for your injuries, pain and suffering are held accountable. Our expert attorneys specialize in every field of personal injury law, including car accidents, truck accidents, construction accidents, workers’ compensation claims, motorcycle accidents, and more.
Let Munley Law protect your rights and pursue the justice and compensation you deserve. Contact our Chambersburg team today to discover how our experience and commitment can make a difference in your case.
Why Should I Hire a Personal Injury Lawyer After an Accident in Chambersburg?
A personal injury lawyer can help you get the maximum compensation for your personal injury claim. […]
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Pottsville Nursing Home Abuse Lawyer
Pottsville, PA is an idyllic place for many; its combination of city and country make it the perfect place for those seeking a balance between rural and urban living.
Its many nursing homes and assisted living facilities should also make it the perfect place to grow old, but the dark reality is that these facilities can be hotbeds of abuse and neglect, much of which goes unnoticed.
If you have a loved one or family member in a nursing home, you rightfully expect them to receive a high standard of care and compassionate treatment. Anything less than this is disappointing — abuse is both unacceptable and illegal.
If you believe that a family member or loved one may have experienced nursing home neglect or abuse in Schuylkill County, you may have a claim. Contact our Pottsville nursing home abuse lawyer today to schedule a free consultation and learn how we can fight for justice on your behalf. […]
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An Insurance Adjuster Calls After Your Car Accident. What Should You Do?
How to Interact with Insurance Adjusters After a Car Accident
If you or a loved one have been in a car accident, your main focus should be on caring for and recuperating from injuries and the trauma that has been endured. Insurance claim adjusters often prey upon victims’ vulnerability by trying to negotiate early settlements, and by getting the injury victim to make statements that can infringe upon how much you are truly entitled to. At this time, thinking about recovering compensation from insurance companies may seem stressful and the last thing that you want to worry about; a car accident lawyer can alleviate these stresses. You need an experienced car accident lawyer that has a proven track record.
For over 60 years, the award-winning personal injury lawyers at Munley Law have fought for the rights of accident victims throughout Pennsylvania. If you or someone you love has been injured in a car crash, […]
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Erie Product Liability Lawyer
As consumers, we purchase goods that are supposed to make our lives easier and better. Unfortunately, when a defective product causes injury, you need to know your financial recovery options. If dangerous products injure you or a loved one, call the Erie product liability lawyers of Munley Law.
For over 60 years, Munley Law has represented injury victims in product liability claims who seek fair compensation for their injuries. Call Munley Law for a no-obligation, free consultation.
What Is a Product Liability Case?
Product liability law allows an injured party to take legal action if they encounter a defective product. Product liability cases are often classified under strict liability, meaning that even if the defendant did not have intent or knowledge of the alleged harm, they can still be held liable.
A product liability claim can fall under one of four categories. […]
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Erie Motorcycle Accident Lawyer
Motorcycle accidents can often result in catastrophic injuries. These vulnerable road users are 28 times more likely to be killed in a motor vehicle accident compared to other drivers and four times as likely to sustain an injury. Due to the size of a motorcycle compared to a standard passenger vehicle, these accidents often result in severe injuries, hefty medical bills, and mental anguish for the rider and their family. An Erie motorcycle accident lawyer will be needed to help you regain compensation for your injuries.
Motorcycle accident victims need protection. This is where Munley Law comes in. For decades, we have represented victims and their families in the most complex personal injury claims. Let us do the same for you. Call today to speak with one of our Erie motorcycle accident lawyers.
What Are the Common Motorcycle Accident Injuries?
Due to the size and weight differences of most cars and trucks on the roadways compared to a motorcycle, […]
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Personal Injury Glossary Terms
This glossary provides a quick-access resource for looking up definitions of terms you will likely encounter while seeking compensation.
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W
A
Accident Report — A detailed official record of an incident created on-site by an authority figure such as a police officer or hospital staff member.
Act of God — An unforeseen event caused by natural forces without human involvement that couldn’t have been prevented with reasonable care, […]
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