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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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.

MRI of spinal cord with doctor pointingCommon 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 actingHow Long After a Car Accident Can You Sue in Pennsylvania? 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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North Dakota Truck Accident Lawyer

From Fargo to Bismarck to Williston, North Dakota experiences hundreds of large truck accidents each year. If you or a loved one has been hurt in a crash involving a semi-truck, tractor-trailer, or other commercial vehicle, you may be entitled to significant compensation, but securing it is not something you should try to do alone.

Truck accident cases involve federal trucking regulations, powerful insurance companies, and multiple potentially liable parties. That’s why it’s critical to have an experienced North Dakota truck accident lawyer on your side, someone who knows how to investigate, protect your rights, and fight for every dollar you deserve.

At Munley Law, our attorneys are nationally recognized leaders in trucking law, with decades of experience handling cases just like yours. We understand the unique legal and logistical challenges of truck crash cases and have the resources to take on even the largest transportation companies. […]

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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 beChambersburg Personal Injury Lawyer 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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How Long Does an Insurance Company Have to Settle a Car Accident Claim in PA?

Under the law, your insurance company has a time limit of 15 days to notify you if your claim has been accepted orHow Long Does an Insurance Company Have to Settle a Car Accident Claim in PA? rejected upon filing. The average time to respond is usually within a few days. However, your insurance provider can request additional investigation time if you have questions regarding your claim or submitted incomplete insurance forms.

Insurance coverage can quickly become a mess when understanding what’s covered and what’s not. With the help of a car accident lawyer from Munley Law, you can rest easy knowing your legal claim is handled with the care and dedication it requires.

How Do Car Accident Settlements Work?

You must take a few steps to begin a car accident settlement in Pennsylvania. The first is to seek medical treatment following your accident. You’ll also need to file a police report if officers were not called to the accident scene and submit the accident to your insurance provider. […]

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Pottsville Nursing Home Abuse Lawyer

Pottsville Pennsylvania Nursing Home Abuse LawyerPottsville, 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?

Erie Product Liability LawyerProduct 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?

Erie Motorcycle Accident LawyerDue to the size and weight differences of most cars and trucks on the roadways compared to a motorcycle, […]

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What is the Average Settlement for a Lyft Accident?

While there isn’t a specific average Lyft accident settlement amount, settlements typically depend on various factors like the severity of injuries, medical expenses, lost wages, and pain and suffering. Understanding potential settlement amounts is crucial for accident victims because it allows them to understand what they could expect to receive to help recover from their losses. Settlements can help pay medical bills, compensate for time missed from work, and support ongoing care or rehabilitation.

It’s important to note that each accident case is unique, and settlement amounts can vary widely. Seeking legal advice from an experienced Lyft accident attorney can help victims understand their rights and pursue fair compensation.

How Much Is My Lyft Accident Worth?

What is the Average Settlement for a Lyft Accident?Determining the value of a Lyft car accident settlement isn’t always straightforward. It depends on various factors, including the extent of your injuries, […]

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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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Erie Pedestrian Accident Lawyer

Pedestrian accidents can be harrowing. When a vehicle collides with an unprotected pedestrian, the pedestrian is at a higher risk of serious injury. Common injuries from these accidents include broken bones, spinal cord injuries, and, in the worst of cases, even wrongful death. If you or a family member has endured an accident of this nature, or if you’ve experienced the absolute tragedy of having a family member killed in a pedestrian accident, it’s important to remember that you have rights. Working with an experienced Erie pedestrian accident lawyer who can assist you in seeking compensation and holding the at-fault party (or at-fault parties) responsible is almost always your best path forward.

Should I Hire a Pedestrian Accident Attorney in Erie, PA?

Erie Pedestrian Accident LawyerIf you or a loved one has sustained pedestrian accident injuries, you may be wondering whether you need to work with a lawyer. […]

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Erie Lyft Accident Lawyer

Logging into the Lyft app to get a ride home has become a convenient and safer way for residents and visitors of Erie to get to and from their destinations. However, the increased use of rideshare programs like Lyft and Uber have also caused an increase in Lyft accidents. If you or a loved one were injured in a rideshare vehicle or involved in a collision with a rideshare driver, call the Erie Lyft accident lawyers of Munley Law.

Our rideshare accident attorneys can help you navigate the claims process when you are involved in a wreck with a Lyft driver.

Why Do You Need a Lyft Accident Attorney?

Erie Lyft Accident LawyerLike any personal injury claim, you never have to hire an attorney. However, going through the legal process alone can prevent you from getting the compensation you need for your injuries. […]

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Lowboy Truck Accident Lawyer

Were You Injured in an Accident With a Lowboy Truck? We’re Here to Help

Lowboy trucks are often carrying heavy loads, and accidents involving these types of rigs can be particularly devastating. Although things can go wrong in any type of trucking accident, there are a few specific outcomes that drivers should be aware of in a lowboy truck accident. Some of these scenarios include limited visibility because of the trailer, reduced brake responsivity due to the inertia of the trailer, and the possibility of the trailer detaching in a crash.

Collisions with lowboy trucks can be messy to navigate. In a regular, non-commercial crash, the relevant parties include the motorists and their respective insurance companies. As lowboy truck accidents are commercial in nature, the employer of the truck driver will be an additional party involved in the claims process.

If you or a loved one was injured in a lowboy truck accident, […]

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Erie Uber Accident Lawyer

Residents and visitors enjoy the waterfront activities and attractions that Erie, PA, offers, and many frequently utilize rideshare services like Uber. Unfortunately, that increase in use has also led to more Uber accidents. If you or a loved one were injured in a rideshare car accident, an Erie Uber accident lawyer from Munley Law can guide you through the legal process.

Why Do You Need an Uber Accident Lawyer in Erie, PA?

Erie Uber Accident LawyerYou never have to hire an attorney for a car accident; however, when it comes to wrecks with rideshare vehicles, it can be beneficial to work with an attorney.

The most complicated part of an Uber accident is knowing what insurance coverage applies to you. Further, there is the question of who was involved during the crash and why it occurred. Of course, there are also general car accident concerns such as injury severity, […]

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What Are the Common Types of Truck Accidents in Williamsport, PA?

Truck accidents are a significant safety concern in Williamsport, PA, for both motorists and pedestrians. Given the area’s commercial activity and frequently traveled roads, the likelihood of accidents involving large trucks has increased. If you get into a trucking accident in Lycoming County, you’ll need a Williamsport truck accident lawyer to help with the claim.

What Causes Truck Accidents in Williamsport, PA?

The Williamsport truck accident attorneys at Munley Law are expertsTruck accidents in Williamsport, PA, can be attributed to various factors, each presenting its own set of risks to road safety. Some of the most common causes of truck crashes include:

Distracted Driving

Truck drivers may become distracted by texting, adjusting GPS devices, or eating while operating their vehicles. Even for a few seconds, these distractions divert their attention from the road, increasing the risk of collisions and severe injuries due to delayed reactions or failure to notice hazards. […]

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Should I Call A Car Accident Lawyer After a Car Accident in Williamsport?

Call a Williamsport car accident lawyer immediately if you are involved in a car accident. Victims often wait to call an experienced Williamsport car accident attorney once they realize the insurance settlement offer is insufficient to cover their damages. By being proactive and calling a PA car accident lawyer before meeting with the insurance company, you’ll be a step ahead in seeking the compensation you need to move forward.

If you were in a car accident, call the Williamsport car accident lawyers of Munley Law today.

Why Work With a Williamsport Car Accident Lawyer?

The Williamsport car accident lawyers at Munley Law can help you are in an accident.You are never required to seek legal representation for a car accident. However, if you or your passenger suffered severe injuries, there are benefits to working with a Williamsport car accident lawyer.

An Experienced Car Accident Lawyer Will Establish Negligence

Determining who was at fault for the car crash will be the priority of your car accident lawyer. […]

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Williamsport Garbage Truck Accident Lawyer

Williamsport garbage trucks routinely travel the neighborhood streets, collecting waste and ensuring the landscape remains pleasant for residents and visitors. Unfortunately, when these garbage trucks are involved in accidents, it often leads to substantial damage and raises several legal complexities. From determining who is the liable party to dealing with insurance claims, there are essential steps to take in the event of this type of serious accident. Our Williamsport truck accident lawyers are ready to help if you’ve been in a garbage truck accident.

What Does a Garbage Truck Accident Attorney Do?

In an accident involving a garbage truck that results in injury, you may have grounds to seek compensation for various losses, such as medical bills, pain and suffering, lost wages, and more. Seeking this compensation can be a real challenge in these types of cases, and that’s where experienced garbage truck accident lawyers come in. […]

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Williamsport Tractor Trailer Accident Lawyer

In the aftermath of a tractor trailer accident in Williamsport, having a skilled and experienced lawyer on your side is a game changer. A Williamsport tractor trailer accident lawyer is someone who specializes in helping individuals who have been involved in such accidents. They understand the complexities of these cases and can provide expert guidance and representation throughout the legal process.

If you’ve been affected by a tractor trailer accident in Williamsport, contacting a knowledgeable Williamsport tractor trailer accident lawyer at Munley Law can help you get your life back on track.

How Dangerous Are Tractor Trailer Accidents?

When involved in a crash you need Williamsport Tractor Trailer Accident LawyerTractor trailer accidents pose significant dangers on the road due to various factors. Firstly, the size and weight disparity between a tractor trailer and a passenger vehicle can lead to devastating consequences in a collision. The sheer mass of a tractor trailer can result in catastrophic injuries for occupants of smaller vehicles involved in the accident. […]

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Williamsport Semi Truck Accident Lawyer

In a world where highways stretch across our landscapes, linking communities and commerce, it’s not uncommon to encounter the mammoth presence of semi-trucks. These behemoths of the road carry vital goods across vast distances, keeping our communities connected. Yet, with their sheer size and weight, accidents involving semi-trucks can be devastating, leaving victims grappling with immense physical, emotional, and financial burdens.

This is where the expertise of a Williamsport semi truck accident lawyer becomes invaluable. Amid chaos and uncertainty following a collision, having a legal ally who understands the intricacies of such cases can make all the difference. With a blend of professionalism, approachability, and unwavering dedication, these legal professionals are ready to guide you through the complexities of the legal process with compassion and expertise.

What Can a Semi Truck Accident Attorney Do?

Williamsport Truck Accident accident lawyer investigating an accident scene in Williamsport, PA

A semi-truck accident lawyer supports you when you’ve collided with one of these massive vehicles. […]

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