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 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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Lycoming County, PA – One Dead, Another Injured After Car Accident on Route 220
LYCOMING COUNTY, PA (February 20, 2025) – One person is dead and another is injured following a car accident on Route 220 in Jersey Shore on Feburary 17.
According to news reports, emergency personnel responded to a three-vehicle crash on Route 220 west of the Thomas Street exit shortly before 8 p.m. Officials say that the driver of a Subaru Forester was driving north on Route 220 when he was struck nearly head-on by a Mercedes-Benz, causing entrapment. The Mercedes then struck a truck towing a trailer and then rolled onto its roof before bursting into flames.
The driver of the Mercedes was able to pull themselves from the vehicle then fled the scene on foot where they were later reportedly struck by other vehicles in the southbound lane before the police found them. The driver was taken to the Trauma Center at UPMC for treatment. […]
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Philadelphia Workers’ Compensation Lawyer
When you need a Philadelphia workers’ compensation lawyer who fights relentlessly for injured workers, turn to Munley Law. Our experienced workers comp attorney understands how a workplace accident can devastate your life – leaving you with mounting medical bills while you’re unable to earn a paycheck. We’ve seen insurers deny valid claims, and employers try to force injured workers back too soon.
Our board-certified workers’ compensation attorney will ensure you receive your benefits while protecting your rights from the insurer. Employers often don’t understand the law surrounding workers’ compensation and will try to force you back to work as soon as possible before the doctor clears you. We will make sure that doesn’t happen.
How Our Philadelphia Workers’ Compensation Attorneys Advocate for Injured Workers
Pennsylvania law protects injured workers, but insurers often deny valid claims or pressure staff to return to work before they’re ready. […]
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Berks County PA – Driver Killed In Multi-Vehicle Accident On Route 222
BERKS COUNTY, PA (February 19, 2025) – A driver died following a multi-vehicle accident on Route 222 in Berks County on February 18.
According to the Pennsylvania State Police, the crash involved two tractor trailers and a sedan on Route 222 in Maxatawny Township near Kutztown University. The driver of the sedan was killed in the accident.
The accident shut down Route 222 for a few hours before reopening later in the day.
No word on what caused the crash or if anyone else was injured in the accident. The investigation is ongoing.
Truck Accidents in Berks County, PA
Truck accidents on Berks County’s major thoroughfares like Route 222 present unique challenges from a personal injury perspective. The combination of heavy commercial traffic, varying road conditions, and the sheer size disparity between trucks and passenger vehicles often results in catastrophic injuries when collisions occur. […]
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Carlisle Personal Injury Lawyer
A Carlisle personal injury attorney at Munley Law is ready to help if you’ve been injured due to someone else’s negligence. For over 60 years, our award-winning legal team has fought for the rights of accident victims throughout Cumberland County, securing millions in verdicts and settlements.
When dealing with mounting medical bills, lost wages, and an injury’s physical and emotional toll, you need a law firm with proven experience handling complicated personal injury cases. Our track record includes landmark victories in truck accident litigation, workplace injury claims, and wrongful death cases throughout Pennsylvania.
Our personal injury attorneys understand Carlisle’s unique challenges. From accidents on I-81 to injuries at local businesses and construction sites, we have the resources and expertise to build the strongest case for you. Our team includes investigators, medical experts, and accident reconstruction specialists who work together to uncover every detail that strengthens your claim. […]
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