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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CHESTER COUNTY — Tree Smashes Car Along PA Route 52
PENNSBURY TOWNSHIP, PA (April 8, 2025) —— A tree abruptly came crashing down on a driver’s SUV on Monday, April 7 along Pennsylvania Route 52.
The tree abruptly crashed on the back of the SUV on Monday morning, while traffic was stopped on Lenape Road before East Street Road in Pennsbury Township.
The driver who was inside the car sustained injuries from the tree falling. She was transported to a hospital for treatment. Her car was taken to the impound lot, as it was completely destroyed by the tree.
PennDOT placed a damaged sign on the northbound lane shoulder. There has been no update on any tree maintenance.
Legal Options After a Tree Falls on Your Car in Pennsylvania
When a tree falls on your car while driving on a Pennsylvania highway, you’re suddenly faced with property damage, possible injuries, […]
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Full Tort vs Full Coverage Insurance in PA: What’s the Difference?
Full tort and full coverage insurance are two distinct concepts in Pennsylvania’s auto insurance system. While it’s easy to confuse the two, a lack of clarity about your insurance coverage can lead to a rude awakening after a car accident.
Pennsylvania’s choice no-fault car insurance system gives drivers important options that directly affect their rights to compensation following a collision. While full tort insurance preserves your legal rights to pursue all damages including pain and suffering, full coverage refers to a package of protections that may or may not include a full tort selection. Understanding these differences before purchasing a car insurance policy can save you from discovering limitations too late.
Pennsylvania Auto Insurance Options
Pennsylvania operates under a unique insurance framework that combines elements of both fault and no-fault systems. Unlike traditional no-fault states, Pennsylvania offers drivers a choice in how their insurance will function after an accident. […]
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MONTGOMERY COUNTY — Carjacking Ends in Police Chase & Car Explosion
UPPER PROVIDENCE TOWNSHIP, PA (April 7, 2025) —— Police are currently searching for a group of eight to 10 people after a police chase ended in an explosive crash in Montgomery County on Friday, April 4.
Upper Providence police were notified by police in Norristown of a stolen car that they tracked to the Wawa on Egypt Road after midnight. As police were searching for that car, license plate readers found a second stolen car in the area.
When officers neared the intersection of Egypt and Longford road, they encountered four cars and a group of masked people. Police approached, and upon seeing the lights, the group jumped into three cars and fled. The group left a woman behind, who had reportedly been carjacked.
One car sped toward Mont Clare, two others sped north toward Yeager Road. As the chase approached the intersection of Lewis Road, […]
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What to Do If You Are Injured While on Vacation
A cruise in the Caribbean, a hiking trip in the Grand Canyon, a beach vacation in Hawaii, or exploring local gems — these are all dream vacations. But, even on a dream vacation, accidents can happen. One unexpected injury on vacation can throw you into a whirlwind of physical pain, emotional distress, and crippling financial debt.
If you were injured on vacation, don’t let worry consume you. The Munley Law personal injury lawyers can help you get back on your feet. We’re going to guide you through the right steps immediately following an injury and explain your legal rights after an accident. For more information, call an experienced lawyer at Munley Law today. We offer a free consultation where we listen to your story, explain your options, and help you understand the best path forward.
Immediate Steps to Take After a Vacation Injury
The first thing we need to discuss are actionable steps you can take immediately following an accident. […]
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Personal Injury Lawyers in Downtown Scranton
Deep Roots in the Heart of Scranton
For over 65 years, the Scranton personal injury attorneys at Munley Law have been an integral part of Scranton’s landscape. Our family-run law firm has deep roots in this historic city, where coal mining and railroads once fueled America’s industrial revolution. Today, as Scranton continues to evolve and reinvent itself, our commitment to serving its residents remains unwavering.
With the historic buildings of downtown, Scranton’s character is defined by its resilient community and rich cultural heritage. At Munley Law, we’re proud to call this remarkable city home and to advocate for our neighbors when they need us most.
Understanding Scranton’s Unique Challenges
Life in Scranton comes with distinct challenges that can sometimes lead to accidents and injuries. Our city’s historic infrastructure, busy intersections along North Main Avenue and Pittston Avenue, industrial workplaces, and severe seasonal weather conditions all contribute to potential hazards for residents. […]
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