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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Reading Man Killed in Two-Vehicle Crash in Berks County
A Reading man died following a two-vehicle crash in Berks County on January 10.
According to the Pennsylvania State Police, the crash occurred around 5:30 a.m. on U.S. Route 222 in Maxatawny Township just west of Kutztown. News reports state the man was heading northbound on U.S. 222 when he entered the southbound lane to pass a vehicle. A tractor trailer was heading southbound and the vehicles collided.
Troopers say the man’s car was split in half and he was ejected from the car. He was pronounced dead at the scene. The truck driver was not injured.
Fatal Truck Accidents in Berks County, PA
Fatal trucks accidents have been steadily climbing in the last three years. According to the Pennsylvania Department of Transportation, out of the 6,685 truck accidents in Pennsylvania in 2023, […]
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Scaffolding Accident Lawyer
Scaffolding accidents are among the most common causes of construction site injuries. From falls to equipment malfunctions, these accidents can result in long-term physical, mental, and emotional challenges. What makes these cases particularly complex is the number of potential parties responsible, from the scaffolding manufacturer to the employer — or even a subcontractor. 
After an accident, knowing your legal rights helps you get fair payment for your medical bills, missed work, and other hardships. Our scaffolding accident lawyers have extensive experience with workplace injury cases and insurance claims. We’ll guide you step-by-step through filing your claim and work to get you maximum compensation owed to you.
Scaffolding Accident Rights and Claims
Falls, equipment failures, and scaffold collapses often cause severe injuries at construction sites. While workers’ compensation covers your medical care and missed wages, […]
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Construction Accident Lawyer
Construction accidents can devastate workers and their families, leading to severe injuries, overwhelming medical bills, and lost wages. At Munley Law, our construction accident lawyers have spent the last 65 years fighting for injured workers, securing multi-million dollar verdicts and settlements while helping our clients navigate workers’ compensation claims and third-party lawsuits.
Construction accidents often involve multiple responsible parties—contractors, subcontractors, equipment manufacturers, and property owners, to name a few. Our experienced construction accident attorneys know how to prove who is at fault for your injuries so you can receive full compensation for your accident.
Don’t let a construction accident derail your future – contact Munley Law today for a free case evaluation.
Common Construction Accident Claims Munley Law Handles
Construction sites present countless hazards that can lead to severe injuries to workers and visitors alike. […]
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Multi-Vehicle Crash Involving SEPTA Bus in King of Prussia, PA
Two passenger vehicles and a SEPTA bus were involved in a serious crash on January 8 in King of Prussia. According to news reports, the accident happened around 2 p.m. at South Henderson Road and Monroe Road intersection when a vehicle collided with the Route 99 SEPTA bus.
Injuries were reported in the crash, but the severity of the injuries is unknown at this time.
The cause of the accident is under investigation.
Bus Accidents in Montgomery County, PA
Traveling by bus is usually one of the safest forms of transportation. However, an accident with a bus, either as a passenger or an occupant in another vehicle, can often result in catastrophic injuries.
There could be multiple parties responsible for a bus accident. The bus driver or the other driver could be held responsible, […]
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Drunk Driving Accident Lawyer
If you were injured in an accident with a drunk driver, an expert drunk driving accident lawyer at Munley Law is ready to fight for your rights. When someone chooses to drink and drive, they risk their own lives, as well as the lives of everyone around them. If you have been injured in a car accident by a drunk driver, the law is on your side. If you were in a car accident because of someone else’s mistake, don’t worry; the law is on your side. You can seek justice and compensation for your injuries.
The Legal Consequences of a Drunk Driving Accident
Drunk driving is a serious offense. Since 2002, it has been illegal in all 50 states to drive with a blood-alcohol concentration (BAC) of 0.08 percent or higher. Drivers who get behind the wheel after drinking not only face criminal charges but can face civil liability for the harm they caused. […]
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