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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What to Do After a Medical Emergency Causes a Car Accident
Medical emergencies while driving can lead to devastating accidents. When another driver suffers a sudden health crisis behind the wheel, the collision can leave you with serious injuries, vehicle damage, and mounting expenses. As a victim, you deserve compensation for your losses, even when the other driver experienced a genuine medical emergency. Securing fair recovery requires a careful examination of the driver’s medical records, driving history, and the specific circumstances of the accident.
If you were injured in a car accident caused by someone else’s medical emergency, let the experienced car accident attorneys at Munley Law help you with the legal process. Our attorneys can ensure that you receive the compensation you are due. Schedule a free initial consultation today.
Medical Emergencies Behind the Wheel
Medical emergencies that cause car accidents often occur without warning to victims. A study by the National Highway Traffic and Safety Administration (NHTSA) found that while many accidents involving medical conditions are single-vehicle crashes, […]
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Tips for Staying Awake While Driving
Driving safely requires staying alert behind the wheel. Unfortunately, data indicate that drowsy driving is not uncommon on U.S. roads. Drivers who fall asleep may cause accidents that could injure or kill other motorists and pedestrians.
Were you recently injured in such an accident? If so, compensation for medical bills, lost wages, and other such losses may be available.
Contact our car accident attorneys at Munley Law for more information about your case. We’ll help you pursue the compensation you deserve. In the meantime, we offer the following tips to help you guard against falling asleep while driving.
The Deadly Reality of Fatigue-Related Accidents
Drowsy driving is a significant problem in the U.S. According to the National Highway Traffic Safety Administration (NHTSA), drowsy driving crashes resulted in 693 fatalities on U.S. roads in 2022 alone. In 2017, […]
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Montgomery County, PA – Woman Dead After Driving in Opposing Traffic
MONTGOMERY COUNTY, PA (February 23, 2026) – A woman died after driving suddenly into opposing traffic on February 22.
According to news reports, the accident occurred just after noon. The woman was stopped at a stop sign at the intersection of Woodlyn Avenue and Valley Forge Road in Worcester Township, PA. Police say that her vehicle then moved abruptly into the northbound lane of Valley Forge Road, where it was struck by an oncoming pickup truck.
The woman was taken to Einstein Hospital where she was pronounced dead. The other driver did not report any injuries.
Pennsylvania State Police are investigating the cause of the accident.
Wrong Way Car Accidents in Montgomery County, PA
Wrong way drivers pose a particularly devastating threat on Pennsylvania’s highways and roads, often resulting in catastrophic head-on collisions that lead to severe injuries or fatalities. […]
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Northampton County, PA – One Dead Following Car Accident on Route 33
NORTHAMPTON COUNTY, PA (February 21, 2025) – Weather may have played a role in a deadly car accident on Route 33 in Northampton County on February 20.
According to officials, the crash occurred just after 4:22 p.m. near the Belfast exit on Route 33 in Bushkill Township. The car went off the road and slammed into a tree.
The Northampton County coroner was called to the scene of the accident.
According to Pennsylvania State Police, the snowfall had turned heavy at that time and had caught many drivers off guard.
The investigation into the crash is ongoing.
Weather-Related Car Accidents in Northampton County
In Northampton County, Pennsylvania, weather-related car accidents present significant personal injury concerns, particularly during harsh winter conditions when we experience snow, ice, and freezing rain. The county’s location in the Lehigh Valley means it deals with varied weather patterns that can create hazardous driving conditions, […]
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What Does a Voluntary Recall Mean?
When a dangerous product is introduced onto store shelves, the U.S. Food and Drug Administration (FDA) can force companies to remove it from the market. However, many companies don’t wait for the FDA to act. Instead, they choose to issue voluntary recalls, proactively removing products they believe could pose risks to consumers.
These voluntary recalls serve as a safety mechanism in our consumer protection system. While the FDA oversees the process, companies can initiate recalls for any potential safety concern, whether a manufacturing defect, contamination risk, or design flaw could harm consumers. This proactive approach protects public safety and helps companies manage liability and maintain consumer trust.
Understanding how voluntary recalls work is essential for consumers. Whether you’ve purchased a recalled product or been injured by one, knowing your rights and the proper steps to take can significantly improve your safety and help you obtain any compensation you may be entitled to. […]
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