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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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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Iowa Truck Accident Lawyer
Iowa’s location in the Midwest is a key hub for the trucking industry, with major routes converging around Des
Moines. Key products moved by trucks in Iowa include tractors, corn, pork, herbicides, and aircraft parts.
The state of Iowa’s significant trucking activity on the limited interstate highways, such as I-80 and I-35, can lead to deadly accidents. If you or a loved one has been involved in a motor vehicle accident, it’s important to consult with an experienced Iowa truck accident lawyer to ensure your rights are protected.
What Makes Truck Accident Cases so Complex?
Truck accident cases are inherently complex due to the numerous factors involved.
Multiple Parties Involved
Truck crashes are complicated because they often involve several parties. In a car accident, it’s usually just the car drivers. But in a semi-truck accident, you might have the truck driver, […]
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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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How Do I Fix a Police Report if It Is Wrong?
The details in a police report can shape how your car accident case unfolds. If you spot any mistakes, don’t hesitate to speak up. Your quick action to fix errors could make a big difference in your claim or lawsuit.
What Is a Police Report?
Accurate and comprehensive police reports are essential following a car accident. These reports are critical evidence in insurance claims, personal injury lawsuits, and other legal matters. However, errors in these reports can significantly impact the outcome of your case.
Police crash reports contain vital information about the accident, such as the names and contact information of the parties involved, insurance policy numbers, and details about the scene of the accident and how it occurred. Typically, an incident report includes:
- Weather conditions and visibility on the day
- The time and date of the accident
- Details of the involved drivers (addresses, […]
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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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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 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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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 or
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, 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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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?
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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