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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Two Pedestrians Killed After Being Hit By Vehicle in Montgomery County, PA
Two pedestrians were killed, and one was injured after being hit by a vehicle in Montgomery County on December 31.
According to news reports, the accident occurred near the intersection of Butler Pike and Skippack Pike in Whitpain Township around 6:30 p.m. The three women were taken to Abington Hospital in Horsham. Two of the pedestrians had died while the third was being treated for injuries.
Police say the driver remained at the scene of the accident. The crash is currently under investigation.
Fatal Pedestrian Accidents in Philadelphia
Philadelphia’s urban landscape presents significant risks for pedestrians. According to the Pennsylvania Department of Transportation, pedestrian-related accidents represent almost 3 percent of the total reported traffic crashes in the Commonwealth but account for more than 15 percent of all traffic crash fatalities. In 2023, there were 56 pedestrian fatalities in Philadelphia, […]
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Man Died in Car Crash in Bradford County
One person died following a car crash in Bradford County, PA, on December 27. According to news reports, the 18-year-old was traveling north on Robinson Road in Wilmot Township near Wyalusing when he drove off the roadway and struck a tree. The driver was taken to the hospital, where he was later pronounced dead.
Police are investigating the cause of the accident.
Car Accidents in Bradford County, PA
Bradford County, PA, sees numerous car accidents yearly due to its mix of rural roadways and challenging weather conditions. The county’s road network includes US Route 220, US Route 6, and various state routes that wind through its rural and mountainous terrain. According to the Pennsylvania Department of Transportation, although the number of car accidents in the county went down in 2023 to 457, the number of car accident fatalities did increase to 13 — […]
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Chemical Plant Explosion Lawyer
Chemical plant explosions can cause catastrophic damage to victims and their families. Whether the explosion was caused by human error, safety violations, or equipment failure, the results are the same – serious and even fatal injuries, leaving families with emotional, physical, and financial challenges.
If you have been injured or a loved one was tragically killed in a chemical plant fire or explosion, Munley Law chemical plant explosion lawyers can help identify your legal options and fight for maximum compensation.
Immediate Steps After a Chemical Plant Explosion
Life in the aftermath of a chemical plant explosion can be chaos as you deal with traumatic physical and mental injuries. It can be hard while you are still reeling from the experience to think clearly, but protecting yourself legally and financially requires a few steps.
Seek Medical Attention
The most important thing is to get medical treatment. […]
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PennDOT Employees, Others Injured in Chain-Reaction Crash in Camp Hill, PA
Several people, including three Pennsylvania Department of Transportation employees, were transported to the hospital following a chain-reaction accident in Camp Hill on December 27.
According to news reports, a multi-vehicle accident occurred on Route 581 East around 1:50 p.m., stopping traffic on the road. The traffic then caused a chain reaction crash into PennDOT’s crew.
Passengers in vehicles involved in the crash needed to be extricated and taken to the hospital for treatment.
Chain Reaction Accidents
A chain reaction accident, more commonly known as a multi-vehicle accident or pileup, occurs when three or more vehicles are involved in a series of car crashes. These accidents are common on roadways where vehicles travel at high speeds with minimal reaction time. Poor weather conditions such as rain, snow, or fog can significantly increase the risk, as reduced visibility makes it harder for drivers to spot and react to hazards ahead. […]
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Signs That a Patient Is Being Neglected in a Nursing Home
Nursing homes are tasked with keeping our loved ones safe, happy, and healthy. Unfortunately, nursing home neglect and abuse can and do happen.
You need to be on the lookout for signs of neglect (which can include emotional neglect) when visiting someone in a nursing home. You may have legal options if your loved one has been a victim of abuse or mistreatment at the hands of staff members. Contact our team at Munley Law for a free consultation on nursing home neglect and abuse cases.
Physical Signs of Nursing Home Neglect
Many signs of nursing home neglect manifest in someone’s physical condition. Consider these examples:
- Unexplained weight loss: Significant weight loss could indicate a nursing home resident isn’t being fed properly.
- Dehydration symptoms: Warning signs of dehydration in nursing home residents include confusion, […]
