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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Workers’ Compensation Death Benefits for Harrisburg Workers

Navigating Workers’ Compensation Death Benefits in Harrisburg, PA

At a time when you and your family are coping with the loss of a loved one due to a workplace accident, it’s crucial to have a dedicated Harrisburg workers’ compensation attorney from Munley Law by your side. In the heart of Pennsylvania’s capital city where industries such as healthcare, manufacturing, and government play a significant role in the local economy, accidents can tragically occur.

When facing the unthinkable, you need a compassionate, knowledgeable, and locally-rooted advocate who understands the unique dynamics of Harrisburg’s industries and the legal intricacies of workers’ compensation death benefits in Pennsylvania.

Munley Law’s Harrisburg-based workers’ compensation attorneys specialize in helping families like yours during these challenging times. We’re intimately familiar with the city’s diverse workforce, including those in healthcare institutions like Penn State Health Milton S. Hershey Medical Center, […]

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How much is my uninsured motorist claim worth in Philadelphia?

How much is my uninsured motorist claim worth in Philadelphia?In the bustling streets of Philadelphia, car accidents are an unfortunate reality that many residents face. What’s even more concerning is the presence of uninsured motorists who add an additional layer of complexity to an already stressful situation. If you’ve been involved in a car accident with an uninsured driver in the City of Brotherly Love, you’re not alone in wondering, “How much is my uninsured motorist claim worth in Philadelphia?”

Navigating the intricacies of uninsured motorist claims in Philadelphia requires a deep understanding of local laws and regulations. This is where the expertise of a Philadelphia car accident lawyer becomes invaluable. At Munley Law Personal Injury Attorneys, we’ve been serving the Philadelphia community for years, and we specialize in handling uninsured motorist claims. 

Our team is well-versed in the unique aspects of Philadelphia’s legal landscape, ensuring that our clients receive the guidance and representation they need during these challenging times. […]

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Can I Sue Uber for Emotional Distress After an Accident?

CAN I SUE UBER FOR EMOTIONAL DISTRESS?

Picture this: It’s Saturday night and you are leaving your favorite local restaurant. You plan to Uber back home after meeting up with friends. You book a car, and within no time, your Uber is waiting for you. All seems well until your Uber driver starts to exhibit signs of reckless driving. He’s speeding, being aggressive toward other drivers, and leaving you feeling uneasy. Then it happens, you’re in a car accident. Not only do you have physical injuries, but emotional trauma as well.

With more Americans opting for rideshare transportation, it’s no wonder that we’re seeing services like Uber and Lyft accounting for a percentage of total traffic accidents and fatalities. In a 2018 study by the University of Chicago and Rice University, it was found that rideshare services such as Uber and Lyft actually make up a two to three percent increase in traffic fatalities since 2011. […]

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How Long After a Car Accident in Harrisburg Should You Claim an Injury?

How long after a car accident in Harrisburg can you claim an injury?Harrisburg residents are no strangers to the hectic pace of city life. While the scenic routes of Riverfront Park and the historic streets bearing tales from the Civil War era add charm to this vibrant city, they also witness their share of car accidents each year. 

In the unfortunate event of finding oneself in a car collision on the well-traveled roads of Harrisburg, navigating the legal avenues for claiming injuries can be daunting.

Awareness of the time frame within which one can initiate a car accident injury claim in Harrisburg is essential and a lifeline to securing rightful compensation. Whether you are a daily commuter weaving through the traffic on I-83 or a tourist marveling at the Pennsylvania State Capitol Complex, the clock starts ticking once an accident occurs.

As experts in the field, Munley Law is a beacon of assistance in these trying times, […]

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What Happens After Your Lyft Gets Into an Accident?

In recent years, rideshare services like Uber or Lyft have revolutionized the way we commute, offering convenience at the tap of a screen. As these platforms surge in popularity, so does the volume of Lyft drivers and the number of vehicles on the road under their banner but most do not know what happens if your Lyft gets into an accident. When such misfortunes strike, especially when bodily injury is involved, the aftermath can be complex and overwhelming. It’s in these critical moments that the expertise of a Lyft accident lawyer becomes invaluable to you as a passenger.

The Lyft accident lawyers at Munley Law Personal Injury Attorneys stand at the forefront of legal representation in the rideshare accident domain. With a legacy rooted in dedication and client-centric service, our team is well-versed in the intricacies of car accident laws. Whether you’re a passenger, driver, or third party affected by a Lyft accident, […]

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