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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When to Hire an Attorney After a Car Accident

Car accidents are traumatizing events for all involved. In the aftermath of a car accident, there are so many questions to be answered. What kind of medical care do I need? Do I have to take time off work? Will my insurance cover this? Is my car okay? Can I afford all this? How will I get to work? In the midst of all this, one question that may cross your mind is: Do I need a lawyer?

You’re not required to hire a car accident attorney, and in some cases, doing so may not be necessary. However, while working with an experienced lawyer does not guarantee a specific outcome, it does guarantee that you’ll have someone with knowledge of the legal system fighting on your behalf. For many people, working with a personal injury lawyer after a car accident is worth it because it means that can focus on things like rest and recovery, […]

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How Can a Truck Accident Lawyer Help?

Why Do I Need a Truck Accident Lawyer After an Accident?

Dealing with the aftermath of a truck accident in Pennsylvania can be frustrating, stressful, and devastating. Faced with medical expenses, pain and sufferings, and lost wages, the road to recovery may seem long and hard for both you and your family. What you need is an experienced truck accident lawyer to help you receive the maximum amount of compensation for your losses, in a timely manner, so you and your family can start the healing process.

But how can a truck accident lawyer help your claim and why do you need one? Let’s explain.

A Truck Accident Lawyer Can Help With Deadlines and Evidence

Attorney Chris MunleyTimeliness is critical when establishing liability and the best possible financial compensation that you are entitled to. Reputable truck accident lawyers understand that timing is crucial to ensure a fair, […]

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What is the Truck Accident Claim Process?

What Happens After a Trucking Accident?

semi truck undercarriageBeing involved in an truck accident is a traumatic experience. Like a car accident, a truck crash can cause debilitating personal injuries and emotional distress–but due to the sheer size and force of the vehicle, truck accidents often cause more severe injuries and mental agony than an accident involving passenger cars alone.

When you or a loved one is involved in a truck accident, the last thing you want to do is try and figure out the complicated truck accident claim process.

It is essential, however, that you act fast–while evidence is fresh and before the statute of limitations runs out–in order to ensure you receive the full and fair compensation you deserve. Thankfully, an experienced truck accident lawyer can handle most steps of the truck accident claim process for you, and at no charge to you unless you win a truck accident settlement or jury award. […]

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Should I Accept the Insurance Company’s Offer After a Truck Accident?

Should I Take the Insurance Company’s Settlement?

Truck accidents are complex, multi-faceted, traumatic, and emotionally draining events for all parties involved — especially truck accident victims. If you or your loved one has fallen victim to such a devastating occurrence, there is evidence to scrutinize, truck logs to detail, mechanical efficacies to validate, and liability to determine.

Big trucking companies have built-in insurance company representatives who are trained to empathize and to negotiate an early settlement offer with you. You are likely to endure more injuries and expenses than you originally thought, and once you formally agree and accept an insurance settlement offer, you cannot later act on second thoughts; further negotiations are considered off the table.

This all leads to why you should never be hasty to accept an initial offer that an insurance company makes — the best way to protect your rights after a truck accident is to make sure you don’t speak with the insurance company until you first speak with an experienced truck accident lawyer at Munley Law Personal Injury Attorneys who will defend your rights and ensure that you are fairly compensated. […]

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What Percentage of Truck Accidents are Caused by Cars?

What Happens When a Car Driver is Responsible for a Truck Accident?

Truck drivers are the heart of America’s infrastructure. In 2020, 10.23 billion tons of freight was transported by trucks in the United States. Food, construction materials, raw materials for U.S. manufacturers, and every vital retail goods sold and shipped in the U.S. relies on big rigs. More than 72 percent of transported items in this country are moved by trucks. The U.S. economy is driven by large trucks. But what happens if you are a truck driver involved in a large truck crash and you are not at fault?

At Munley Law Personal Injury Attorneys, we know picking up the pieces after a truck accident can feel like an insurmountable task. If you or a loved one becomes a victim of a truck accident caused by a passenger vehicle or other motorist, our highly experienced and dedicated truck accident lawyers are ready to help you. […]

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Commercial Vehicle Accident Lawyer

Have you or a loved one been injured in a commercial vehicle accident? The truck accident lawyers at Munley Law Personal Injury Attorneys are here to help.

FedEx truck accidentBeing involved in any type of accident can be catastrophic to the victim and their family. However, when a commercial vehicle crash leaves you injured and unable to work, resulting in piling medical bills, you need a law firm that can help you recoup your losses and hold the at-fault party accountable.

At Munley Law Personal Injury Attorneys, our personal injury lawyers work with you to recover lost wages, medical bills, property damage, and more. To set up a consultation with our legal team, contact the commercial vehicle accident lawyers at Munley Law Personal Injury Attorneys by calling844-686-5397 or connecting with us online.

What Is a Commercial Vehicle Accident?

Commercial vehicle accidents are those collisions that involve commercial transport. […]

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How Much Can Someone Sue for a Car Accident?

Car AccidentIn general, there is no limit to how much you can sue someone for a car accident. However, there are factors that may limit how much compensation you will recover in a lawsuit. Things like the severity of the injuries, the extent of the other party’s negligence, and the coverage of insurance policies will all limit what you can recover.

How Much Can a Car Accident Victim Sue For?

Car accident victims can sue for economic and non-economic damages depending on the severity of the wreck. The only way to really maximize the total compensation a victim may be awarded is by utilizing the legal representation of a car accident lawyer

Potential compensation a car accident victim may be awarded includes:

  • Medical expenses
  • Lost wages
  • Diminished earning capacity
  • Property damage
  • Pain and suffering
  • Loss of consortium
  • Wrongful death

The award will also depend on the severity of the crash. […]

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Why Is My Car Accident Settlement Taking So Long?

car accident in wilkes-barre paSitting around and waiting for your case to settle can be frustrating. It may feel as though you are not being prioritized, or that you’ve been forgotten, but that is not the case. Asking, “Why is this taking so long?” is valid but cannot be easily answered.

The process of settling a case is complex, intricate, and includes many working parts that take time. In some cases, a car accident claim may have to go to court because both parties cannot reach an agreement. This can make the whole process even longer. An important fact to remember is that every case is unique; therefore, the amount of time it takes for a case to settle is unique. Although easier said than done, it is important to stay as patient as possible when waiting for your settlement.

Why Do Car Accident Settlements Take Such a Long Time? […]

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What Happens If My Uber is in an Accident?

If you’re feeling unwell, have had a few drinks, or don’t trust yourself driving at night, calling a car through the Uber app is the right choice. Unfortunately, however, calling a car doesn’t always guarantee a safe journey.

rideshare driver smiling to his passengerIf you or a loved one were injured in an Uber accident, Munley Law Personal Injury Attorneys is here to ensure you get the justice you deserve. Car accidents are traumatic events on their own. The aftermath of a crash, however, can be just as intimidating to manage if you don’t have the right resources. Between handling your medical care, claims with your insurance company, and potentially even lost wages, it is easy to feel overwhelmed.

Deciding to seek compensation for an Uber accident injury, though, can help to relieve some of this pressure. Reaching out to an experienced car accident lawyer can make a massive difference in winning you the outcome you deserve, […]

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Do You Have to Go to Court for a Car Accident?

car accidentLike over 104,000 Pennsylvania state residents, you might find that you have gotten in an automobile accident (Pennsylvania Department of Transportation). Being in an automobile accident, alone, is difficult enough. However after the crash, you may feel even more overwhelmed once law enforcement, insurance companies, lawyers, and even perhaps doctors get involved with your case. Many may experience confusion over what obligations they are under immediately following the crash.

You may find yourself asking, “Do You Have to Go to Court for a Car Accident?

Even the most minor crashes can be traumatic experiences. We therefore recognize that car accidents can be particularly difficult times in a driver’s life. If you or a loved one was involved in a crash, we express our most sincere condolences. Working with an experienced car accident lawyer can make a huge difference, both in making this turbulent process a little smoother, […]

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Workers Compensation for True Value Warehouse Injuries

workers' comp warehouse workers pa work comp lawyerWhen you work for a home improvement warehouse like True Value, you likely are working in settings with large equipment, heavy machinery, and large loads of products. While all warehouse employees know working in these settings come with risks, True Value warehouse and other home improvement warehouse employees may face even more dangers in their employment. 

If you are employed by a True Value and sustain injuries, the workers’ compensation lawyers at Munley Law Personal Injury Attorneys are here for you. We don’t charge a fee unless we win for you. Contact us today for a free consultation so you can discuss the specifics of your injury and the value of your case. 

What is a True Value Warehouse?

True Value is a chain hardware store selling household tools, appliances, home improvement tools, paint, lumber, and other building materials. […]

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Workers’ Compensation for Boscov’s Warehouse Injuries

workers' comp warehouse workers pa work comp lawyerIn 2020 alone, there were 213,100 warehouse-related injuries and 8,300 warehouse illnesses reported. In fact, in 2019, the warehouse sector was responsible for the second-highest number of fatal workplace injuries compared to all other industries. Warehouse environments, including Greiner packaging warehouses, are particularly prone to workplace injuries due to heavy machinery and fast-paced operations.

If you work in a Boscov’s warehouse, Adidas warehouse facility or another retail supplier and manufacturer, the workers’ compensation lawyers of Munley Law Personal Injury Attorneys can guide you through the workers’ compensation process.

The Boscov Story

Boscov’s Inc. is America’s largest family-owned department store with 48 locations in Pennsylvania, New Jersey, Maryland, New York, Connecticut, Delaware, Ohio, and Rhode Island.

The first Boscovs opened in 1918 in Reading, Pa. In the 1980s, the chain opened operations in Delaware and New York. […]

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Workers’ Compensation Lawyer for Frito-Lay Warehouse Injuries

wilkes-barre workers compensation denialFrito-Lay, the company that is very likely responsible for your favorite potato chip, currently employs about 55,000 people across 29 individual brands. Many of these tens of thousands of jobs exist in the state of Pennsylvania, as the state is home to many warehouses in areas like Moosic, Williamsport, Paxinos, and more.

But while it’s certainly wonderful that so many employment opportunities exist for Pennsylvania residents through this company, the reality is that Frito-Lay warehouse workers face substantial risks every time they clock in. Warehouse work is one of the most physically dangerous professions, and it’s not uncommon for the corporations behind the warehouses to try to shortchanged their own injured employees.

If you or a loved one is employed at a Frito-Lay warehouse and has experienced a workplace injury or sustained an occupational disease, you may be entitled to workers’ compensation. Overwhelmed by the prospect of navigating that system alone? […]

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Car Accident Lawyer in Ohio

The trauma of experiencing an accident doesn’t end once you leave the scene. We know that the mental, emotional, physical, and financial impact of a car accident can follow you for a very long time. It can all feel isolating and overwhelming, whether it’s you or someone you love carrying the weight and experience of your accident. In 2020 alone, Ohio saw 1,154 fatal car accidents, and 1,230 total traffic fatalities; there are, of course, thousands more accidents every year that are non-fatal but still traumatizing. 

We at Munley Law Personal Injury Attorneys know how hard the aftermath of an accident can be, and we are here to help you navigate a way through it. Don’t take this on alone: allow us to help so that you can focus on your recovery. Our highly experienced and compassionate lawyers are standing by and are ready to begin fighting for you at any time. […]

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What is the Average Settlement for a Car Accident Case?

Understanding Car Accident Settlements

car accidentThe average settlement for a car accident case depends on a variety of factors. From the total amount of property damage done, to the extent of the driver’s injuries, no two types of car accidents are the same, so no two settlements will be either.

Further, depending on the insurance you and the other driver carry, and your state’s laws on liability, the total compensation you can or will receive will vary.

The personal injury attorneys of Munley Law Personal Injury Attorneys explain how the average settlement for a car accident case is determined.

How Is The Average Settlement For a Car Accident Case Determined?

There are multiple factors that come into play when determining a car accident settlement. Below we will discuss the most critical factors to your personal injury case. […]

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Types of Injuries Covered by Workers’ Compensation

What Injuries are Covered under Workers’ Compensation?

Workers CompensationRecovering from a workplace accident can be a particularly trying time in any professional’s life. Different from a regular accident, workplace accidents often involve heavy machinery, may be more serious, and come with a whole slew of legal ramifications. What’s more, as an employee, you must navigate your return to work, which can put strain on an already fractured relationship with your employer. If you or a loved one was injured in a motor vehicle accident while working or harmed in any other workplace accident, Munley Law Personal Injury Attorneys expresses its deepest sympathies. 

From counseling hundreds of clients successfully through the workers’ compensation process, we can say that the best thing to do in the wake of a workplace accident is to try to remain calm. Focus on your recovery, and all of the other pieces will fall into place. […]

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Workers’ Compensation Lawyer for FedEx Warehouse Injuries

workers' comp light dutyWith more and more things going virtual because of the pandemic, there has been a huge increase in online shopping and on-demand delivery. While some companies create their own delivery networks, many contract out last mile partners, such as FedEx. 

For every on-time delivery, the company’s warehouse teams put their bodies on the line, dealing with serious machinery, tight deadlines, and heavy loads. These unseen heroes are the ones who make sure birthday gifts arrive on time, necessities reach their destinations, and customers are satisfied. 

In February of 2021, in York County, PA a FedEx warehouse went up in flames (WGAL). Thankfully, no one was hurt, but the same cannot be said of an accident in Tennessee. In December of 2020, a warehouse worker was killed by a shipping container. Upon investigation, OSHA found that the incident was perfectly preventable and fined FedEx for failing to provide workers with a safe environment (ProPublica).  […]

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What If I Get Into a Car Accident and I Don’t Have Insurance? 

Car AccidentCar accidents are unfortunately much more common than one might think. According to the Pennsylvania Department of Transportation, in 2020 there were 104,475 reportable traffic crashes in Pennsylvania. This means that roughly one in every 57 Pennsylvania residents was involved in a reportable accident.

If you or a loved one was involved in a crash, you may benefit from seeking out an experienced car accident lawyer. The car accident attorneys at Munley Law Personal Injury Attorneys can help. Contact us today for a free consultation to discuss the specifics of your case. 

Minimum Car Accident Insurance Required in Pennsylvania

Pennsylvania law requires motorists to have both a drivers’ license and vehicle liability insurance before getting behind the wheel, according to Pennsylvania DOT Driver & Vehicle Services. Vehicle liability insurance covers medical expenses, lost wages, and any other damages that occur from vehicle-related injuries. […]

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Can You Sue Someone for a Minor Car Accident?

What to Do If You’re In a Minor Car Accident

Inspecting a car accident

Maybe it’s a small fender-bender in the grocery store parking lot. Or perhaps a driver misjudged the lane shift and tapped into your car. Sometimes these minor car accidents happen, resulting in minimal damage to your vehicle. While it may just be an inconvenience without injury, you may wonder, can you sue someone for a minor car accident?

The answer is yes — anytime you are involved in a car accident, you have a right to file a claim with your insurance or file a lawsuit against the other driver to recover compensation. The real question is, will your case be successful for a minor car accident?

Every accident can involve both non economic damages and economic damages. So, in some cases, a personal injury claim is appropriate to recover pain and suffering damages. […]

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Do You Always Get A Settlement From A Car Accident?

Understanding Car Accident Settlement Claims

car accident workers comp coming and going ruleWhile insurance claims following a car accident do not always end with a settlement, you do always have a right to file a claim and try to seek compensation for your injuries. There are various factors that will determine the success of your car accident settlement claim, most importantly, the severity of your injuries. Car accident victims will have a lot of questions after a car crash about how to deal with insurance companies and what kind of settlement offer or help with medical expenses and more that they can expect.

Steps in Seeking a Settlement

Before car accident settlements are even discussed, you’ll have to file an insurance claim with both your own insurance company and the other drivers. In many cases, the insurance company should cover your needs, but it is not always the case, […]

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