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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$3 Million Product Liability Settlement
Partner Daniel Munley was able to reach a $3 million product liability settlement with an industrial manufacturer for our client, a young man whose arm was amputated after being caught between components of a dangerously modified piece of box-crushing equipment.
Our client and his co-worker were compacting cardboard boxes for recycling with a mechanical baler at the distribution center where they worked. The machine was improperly assembled with the chamber door on the wrong side—the manufacturer was supposed to ensure that the control panel must be located on the same side as the chamber door and latch plate to give an operator a clear view. When his co-worker operated the control panel, he could not see or locate our client and closed the latch plate, crushing and amputating the plaintiff’s dominant left arm.
Daniel Munley showed that the manufacturer not only redesigned the baler machine to fit in the customer’s facility by choosing an unsafe configuration but did so knowingly, […]
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Boat Accident Lawyer
If you or a loved one have been seriously injured in a boating or water sports accident caused by someone else’s negligence, you may have cause to pursue legal action. As the injured victim, you may be entitled to monetary compensation for your medical treatment, missed time from work, and pain and suffering. However, you will likely need a boat accident lawyer who has the experience and legal acumen to get you the full compensation that you deserve.
For more than 65 years, the boat accident lawyers of Munley Law Personal Injury Attorneys have helped clients throughout Pennsylvania. Our boating injury attorneys have earned national recognition for their work on behalf of injured victims. We have been named among the Best Lawyers in America, and have received the highest possible peer and client review ratings from Martindale-Hubbell. Contact a boating accident lawyer now for a consultation free of charge. […]
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Stroudsburg Workers Compensation Lawyer
A Stroudsburg workers compensation lawyer can help anyone injured while on the job in Stroudsburg. Monroe County workers have the right to receive compensation for a workplace accident. Unfortunately, this does not always happen. Workers often face obstacles to getting the benefits they deserve. Knowing your next steps following a workplace injury can be challenging with the complex workers’ compensation system.
Serving the Stroudsburg community for 65 years, Munley Law has earned our clients’ trust and our peers’ respect. Our board-certified Stroudsburg workers comp attorneys can help you get your benefits following a workplace accident. Contact our Stroudsburg office to schedule a free consultation. We do not collect a fee for our services unless we recover your benefits.
Types of Workers Compensation Benefits in Stroudsburg
According to the Pennsylvania Workers Compensation Act, workman’s compensation benefits are meant to pay any expenses related to your work injury. […]
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CENTRE COUNTY, PA – One Dead, 12 Injured Truck Crash on Rte 322
HARRIS TOWNSHIP, PA (March 25, 2025) — One person was killed and 12 others were injured in a multi-car pileup with a truck on Monday, March 24 in a crash on Route 322.
A Chevrolet truck driving west on 322 crossed into the eastbound lane and hit a tractor-trailer. Being struck by the Chevrolet caused the tractor-trailer to cross into the westbound lane and hit two other vehicles.
The crash reportedly involved five vehicles and left 12 people injured. It occurred near the 5700 block of the Mount Nittany Expressway.
According to State College Police, the Chevrolet truck driver was taken to Mount Nittany Medical Center and was pronounced dead. The driver of the tractor-trailer and two other vehicles were transported to the hospital, where they were treated and later released.
All roads have reopened. Police continue to investigate.
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YORK COUNTY — Man Killed in Car Accident with Tractor-Trailer
PARADISE TOWNSHIP (March 21, 2025) —— A man died after a head-on collision with a tractor-trailer in York County on Thursday, March 20.
The driver was reportedly driving westbound but drifted across the lane divider into the eastbound lane. He then crashed into a truck at the intersection of Lake Road in Paradise Township. The crash occurred around 12:50 a.m., according to the York Coroner’s Office.
At this time there are no reports on the status of the truck driver.
All roads have reopened. Pennsylvania State police continue to investigate.
Fatal Car Accidents with Tractor-Trailers in Pennsylvania
Navigating the aftermath of a fatal car accident requires specialized legal knowledge. Insurance companies often attempt to minimize payouts, even in tragic circumstances. Truck accidents often involve multiple potentially liable parties, including the truck driver, trucking company, cargo loaders, […]
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