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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What Happens If You Hit a Cyclist with Your Car?

Hit a Cyclist, or Injured in a Bicycle Accident? We Can Help.

bicycle accidents lawyerCar accidents involving an injured cyclist can be the worst experience anyone can have. If you’re asking yourself “What happens if you hit a cyclist with your car?” an experienced bicycle accident lawyer can help.

You may feel guilty, upset, and anxious about what happens afterward. Can the cyclist sue you for the accident? What will happen to your insurance rates? What happens next?

These are all valid concerns to have before, during, and after your time on the accident scene. Even if you were injured in the bicycle accident as well, you may be stressing over what can happen. That’s why it’s important to know what your next steps should be to protect yourself and your claim.

For over 60 years, Munley Law Personal Injury Attorneys has been helping bicycle accident and car accident victims alike with their personal injury claims. […]

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Can I Sue After a Car Accident If I Was Not Hurt?

What Options Are Available After A Car Accident With No Injuries?

car crash traffic deaths

Everyone knows that if you are injured in a car accident, you have the option to file a lawsuit against the other driver. But what happens if you only suffer damage to your vehicle? Can you sue the other driver?

Even if you suffered no physical injuries during an accident caused by the negligence of another driver, you could still recover property damage costs. If your insurance company refuses to repair or replace a car you suffer heavy damage you might need to seek court action to have them repaired or replaced.

Understanding your legal rights after a car accident is paramount. Please note that Munley Law handles personal injury cases only.

Filing Car Accident Claim with Insurance Company

The best way to ensure you recover compensation and financial losses from insurance companies or liable parties in your car accident property damage settlement is to hire an experienced car accident property damage lawyer. […]

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Hazleton Uber Accident Lawyer

If You Were Hurt in an Uber Accident, Contact a Hazleton Car Accident Attorney Today for Free Consultations 

uber accident lawyer near meUber provides a reliable service for anyone needing a ride in thriving cities likes Hazleton, Pennsylvania, and throughout Luzerne County. It is convenient. It helps you avoid the cost of owning and maintaining your own car. And it is smart to use a ride-sharing service like Uber, especially if you have been out on the town and want to avoid driving after having a few drinks.

While Uber can be convenient and safe, there are risks when we take a ride with Uber. A recent study conducted by the University of Chicago and Rice University, shows that car accident deaths have increased significantly with the increase in use of the Uber app.

The study suggests that the increase may be caused by Uber drivers operating their vehicles when they are distracted or tired. […]

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Your Guide to Filing a Lawsuit

Munley Law Personal Injury Attorneys Personal Injury Lawyers’ Guide to Filing a Lawsuit

If a company or person has acted in negligence and caused you serious injury, you may file a lawsuit in order to obtain financial compensation from the at-fault party. But filing a lawsuit can be a challenging task. Any slight mistake can cost you the compensation that you deserve or cause further damages. That’s why you need the proper guidance and an experienced team of attorneys. 

Below, we will explain what it means to file a personal injury lawsuit and how to increase your chances of winning.

What does it mean to file a lawsuit?

filing a lawsuit personal injury lawyersA lawsuit is a formal legal case that you or your lawyer files with the court. Filing a lawsuit involves telling the court that the defendant acted negligently and hurt you (the plaintiff). […]

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Wayne, PA Personal Injury Lawyers

If you or your loved ones have been injured in Wayne, Pennsylvania, due to another person’s actions, you may be able to recover financial compensation for your injuries. This process is part of personal injury law. Munley Law Personal Injury Attorneys is a personal injury law firm that has been trusted by many Wayne residents to pursue their claims and get justice for their injuries. 

Filing a personal injury claim or lawsuit against another person or entity can be complicated and time-consuming. When pursuing compensation, it is therefore vital to have an experienced personal injury lawyer by your side. At Munley Law Personal Injury Attorneys, our Pennsylvania personal injury attorneys know what insurance companies may try to do to get out of paying a claim. We will protect your rights and fight for what you deserve. 

Munley Law Personal Injury Attorneys is a family firm, […]

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What to Do After a Car Accident

After a Car Crash, You Need to Know What to Do

The nation’s leading accident lawyers explain what steps you should take after a collision

There are 6 million roadside collisions in the United States every year. However, despite hearing about car and truck accidents daily, we never think it will be us. As a result, many drivers and pedestrians find themselves unprepared when they suffer a crash. How accident victims react in the seconds, minutes, hours, days, and weeks after their crash creates lasting effects. Doing the right thing or the wrong thing can significantly impact how much compensation you could receive for your injuries. As such, our experienced car and truck crash lawyers explain exactly what to do after a roadside collision.

If you’d like to discuss the specifics of how to handle your accident case, call us today. […]

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What is Summary Judgment?

Understanding motions for summary judgment…and how to win them

If you sued a defendant for your injuries or other damages, then you can expect certain legal responses and defenses. While every case is unique, some stages of litigation come up in nearly every lawsuit. Summary judgment is one of those phases. Understanding what summary judgment is and how handle it is key to winning big in your case. As a result, our experienced trial lawyers define summary judgment and provide a guide to using this legal step to maximize your compensation payout.

To discuss the details of your lawsuit for FREE, schedule a consultation with an award-winning Munley Law Personal Injury Attorneys litigator today.

Motions for summary judgment: what they are and what do they do

In order to fully grasp motions for summary judgment, you must have a basic understanding of how lawsuits work. […]

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Can You Sue Uber for Accident Injuries?

Uber and Lyft crashes: Can rideshare passengers sue?

If you were a passenger in a car or SUV that crashed, you may be wondering if you can sue Uber for your accident injuries. The nation’s #1 crash lawyers explain.

Last year, more than 5 million Uber driver took Americans on 6.9 billion trips. As such, the rideshare app brought in an annual net revenue of 14.1 billion. Lyft finished out the year with 23 million active users and 3.6 billion in revenue. In many ways, these innovative apps positively change how we think about transportation and the gig economy. At the very least, they alter how many of us get from Point A to Point B.

However, rideshare apps like Uber and Lyft also contribute to a growing danger in the United States. According to researchers at the Massachusetts Institute of Technology (MIT), […]

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What To Do After a Hit-and-Run Accident

After a hit-and-run accident, take action

The nation’s best personal injury lawyers explain what to do after a hit-and-run automobile crash

According to the American Automobile Association (AAA), there are 682,000 hit-and-run accidents in the United States every year. The moments after a serious accident are the most frightening. The crash scene may be chaotic and you may feel confused, stressed, and seriously in pain. Additionally, these feelings will likely be amplified if you are the victim of a hit-and-run accident. However, taking a moment to learn how to proceed when the driver who hit you flees the scene of the collision can make a world of difference. Accordingly, our award-winning car and truck crash lawyers  explain what to do and what not to do after a hit-and-run accident.

If you’d like to discuss the details of your accident, schedule a free consultation with a leading personal injury lawyer from Munley Law Personal Injury Attorneys today. […]

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Truck Accidents and Expert Witnesses

injury lawyers dan munley bob munley

Expert Witnesses in Truck Accident Cases: FAQ

 When you have a personal injury case involving a commercial truck, the stakes are high. Truck accident cases depend on highly specialized information including industry regulations, truck mechanics, and the long-term medical and economic impacts of your crash. To build a winning case, you will need the testimony of reliable witnesses, so it is essential that you have a lawyer who can bring in the right witnesses.

Who May Testify in Court As a Witness?

Not everyone has the right to come to court and testify in a truck accident case.  In order to take the stand and answer questions before a jury during a live court proceeding, a person must qualify to give testimony as a fact witness or an expert witness.

As their name suggests, fact witnesses may testify about events that they observed firsthand. […]

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Frequently Asked Questions About Sepsis

Sepsis FAQ: I Was Diagnosed with Sepsis–Can I Sue the Hospital?

What is sepsis and is it serious?

According to the Center for Disease Control and Prevention (CDC), sepsis is the body’s extreme inflammatory response to an infection that occurs when harmful germs, bacteria, and toxins enter the blood, skin, lungs, urinary tract, or other tissue and cause an infection. If that infection is not treated, it can spread and cause sepsis.

The CDC classifies sepsis as a life-threatening medical emergency, sometimes resulting in the need for amputation, organ failure, and death.

Sepsis has a remarkably high mortality rate; about 50% of the 1.5 million people who contract it go into septic shock.

What Causes Sepsis?

Any infection can cause sepsis, but the most common types of infections that eventually lead to sepsis are:

  • Pneumonia and Other Lung Infections
  • Urinary Tract Infections
  • Abdominal Infections
  • Bloodstream Infections
  • Kidney Infections
  • Skin Infections

According to the CDC, […]

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Business Interruption Insurance

Business interruption insurance is designed to cover the loss of income normally earned by a business as a result of the forced suspension of operations. Unlike property insurance, which covers physical damage, business interruption insurance protects against lost income while the business is closed, and during the rebuilding period after the closing. 

Given the current coronavirus pandemic, the Governor of the state of PA, along with governors in many states throughout the country, has issued a state-wide mandate requiring all non-essential businesses to close. As a result, businesses are looking to their business interruption insurance to help them survive. 

Most business interruption policies will cover:

Profits that would have been earned, based on prior financial statements

Fixed costs still being incurred despite the closure

Extra expenses to allow the business to continue to operate until a return to more normal circumstances

Employee wages to allow you to retain your employees

Taxes to allow you to remain current on taxes and avoid penalties

Loan payments 

When businesses are allowed to re-open, […]

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Bloomsburg Car Accident Lawyer

drugged driving car accident

Have you been injured in a car accident in Bloomsburg? Contact a car accident lawyer at Munley Law Personal Injury Attorneys today for a FREE consultation.

When you or your loved one have been injured in a car accident in the Bloomsburg area, your choice of legal representation matters. The car accident attorneys at Munley Law Personal Injury Attorneys have a long history of winning cases. Our lawyers have earned national recognition for their success, and have been named among the Best Lawyers in America (via Best Lawyers), Pennsylvania Super Lawyers, and the nation’s Best Law Firms (U.S. News and World Report).

For more than 60 years, the car accident attorneys at Munley Law Personal Injury Attorneys have been handling auto accident claims for injured victims and their families in Columbia County and beyond. […]

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Judge says Monsanto cancer case can move forward

roundup lawsuitEarlier this week, a federal judge ruled that lawsuits against agricultural giant Monsanto could proceed and that key plaintiffs’ witnesses may testify. The lawsuits allege that Monsanto’s weedkiller Roundup caused users to develop cancer.

This move represents a win for victims, but they will still face an uphill battle at trial, as the judge called their claims “shaky” but admissible.

Thousands of individual plaintiffs claim Monsanto’s widely used weedkiller RoundUp caused them to develop cancer and that Monsanto provided no consumer warning. Specifically, the lawsuits link the ingredient glyphosate to an increased risk of non-Hodgkins lymphoma, and claim that the company knew about the risk and failed to warn the public, going so far as to suppress research that suggested the product was dangerous. The ingredient glyphosate is considered a probable human carcinogen according to the World Health Organization’s International Agency for Research on Cancer.  […]

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Uber will no longer force assault victims to arbitration

uber Uber will no longer force the use of private arbitration for riders, drivers or employees who claim that they have been sexually assaulted or harassed.  Rather, these cases can now be brought to court and be heard by a jury.

Until now, riders waived their constitutional right to a trial when they signed Uber’s user agreement. Now, anyone who claims that they have been sexually assaulted or harassed as an Uber rider, driver, or employee can have their individual cases brought to court and be heard by a jury. Uber will also end the requirement that victims who accept settlements through arbitration must sign confidentiality agreements that prevent them from talking about their experiences.

The policy change does not include other forms of harassment.

Arbitration used to silence victims of assault and harassment

Because of confidentiality agreements, the company has been able to keep the issue out of the press.  […]

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Pottsville Medical Malpractice Lawyer

If you or someone you love suffered due to medical negligence in the Pottsville area, contact a Pottsville medical malpractice lawyer at Munley Law Personal Injury Attorneys for a free consultation

munley law free consultWhen someone suffers harm because of medical mistakes or failure to follow a standard of care, the negligent caregiver should be held responsible.  As the patient or patient’s family member, you may be eligible for financial compensation for your suffering. The medical malpractice lawyers at Munley Law Personal Injury Attorneys can help. For nearly 60 years, our personal injury lawyers have helped people like you who have been harmed by medical errors or negligence.

Medical malpractice cases are often very complex. It is vital that you consult with an experienced medical malpractice attorney in Pottsville to ensure your have the best chance of recovering full and fair compensation for your losses. […]

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Drugged driving a greater concern than drunk driving

drugged driving car accidentOpioid addiction, drug use, and reliance on pain medication have come into the national and local spotlight as they claim more and more lives. A new study has illuminated another side of this issue: drugged driving is on the rise.

“The number of American drivers killed in car crashes in which drugs were detected has eclipsed those killed in crashes where only alcohol was found.”

The Governors Highway Safety Association and the Foundation for Advancing Alcohol Responsibility found that 43% drivers killed in crashes tested positive for drugs, illegal and prescription, compared to 37% who tested positive for just alcohol.

Drugged driving is more complicated than drunk driving

The data in this study is imperfect.  The study only reflects drivers who were tested; not all drivers in all states get tested after a fatal crash; this doesn’t include fatal accidents in which the driver was not killed, […]

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Pennsylvania Among the U.S. States with the Most Dog Bites

Dog Bite Prevention Week

April 9-15 is Dog Bite Prevention Week. The American Humane Association, the U.S. Postal Service, and other groups observe this week each year in an effort to help reduce the number of dog bites nationwide.

This year, multiple reports have come out indicating that dog bites increased in 2016. According to the USPS, More than 6,700 postal workers suffered a dog bite last year. That’s 200 more than in 2015. Some researchers connect this increase with the growing popularity of online shopping and home delivery services.

The Insurance Information Institute and State Farm also report that dog bites increased by as much as 18% overall last year. Note that this number may other types of include dog-related incidents – not just bites.

Which states experience the most dog bites? Pennsylvania ranks #4 in the country, […]

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Some Valuable Information about Nail Gun Accidents

nail gun accidents munley lawNail guns are extremely valuable tools to both the construction industry and regular consumers. Unfortunately, the Center for Disease Control and Prevention (CDC) reports that nail gun accidents account for approximately 37,000 emergency room visits each year. Of those injured, nearly seventy percent were injured in the course of their employment. The balance of the people were consumers using the nail guns for non-business related tasks.

It’s not difficult to imagine how a nail gun accident might occur. For those who are injured while at work, it is important to file a workers’ compensation claim. You can find answers to many of your questions concerning workers’ compensation procedures here.

What if there was a problem with the nail gun? Whether you were injured in the course of your employment or not, you may have another type of claim. This is known as a products liability action and may be pursued if there is evidence that the nail gun caused the dangerous condition resulting in injuries. […]

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Defective Consumer Products Lawyer

If you have sustained an injury from an appliance, a toy, a piece of furniture, or a medication, contact a defective consumer products lawyer at Munley Law Personal Injury Attorneys.  Since 1959, our product liability attorneys have worked to establish a reputation as industry experts in personal injury law. We have earned the highest client and peer ratings and have been named among the Best Lawyers in America. Our own Marion Munley was named Product Liability Lawyer of the Year, 2017, for her work on behalf of injured plaintiffs. Call or fill out our email form today. The consultation is FREE, and we do not charge a fee unless we win your case.

If you were injured by a defective consumer product, it’s wise to speak with an attorney who is knowledgeable in product liability cases. For nearly 70 years, the defective consumer product lawyers at Munley Law have fought for their clients’ […]

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