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 If I Get Into a Car Accident and I Don’t Have Insurance?
Car accidents are unfortunately much more common than one might think. According to the Pennsylvania Department of Transportation, in 2020 there were 104,475 reportable traffic crashes in Pennsylvania. This means that roughly one in every 57 Pennsylvania residents was involved in a reportable accident.
If you or a loved one was involved in a crash, you may benefit from seeking out an experienced car accident lawyer. The car accident attorneys at Munley Law Personal Injury Attorneys can help. Contact us today for a free consultation to discuss the specifics of your case.
Minimum Car Accident Insurance Required in Pennsylvania
Pennsylvania law requires motorists to have both a drivers’ license and vehicle liability insurance before getting behind the wheel, according to Pennsylvania DOT Driver & Vehicle Services. Vehicle liability insurance covers medical expenses, lost wages, and any other damages that occur from vehicle-related injuries. […]
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Will My Employer Pay For An Employee On Workers’ Comp?
If you’ve been injured at work in Pennsylvania, one of your first concerns is probably who will pay for your medical bills and lost wages. The simple answer is that Pennsylvania employers pay 100% of workers’ compensation costs, and you will never receive a bill for any work-related injury treatment or benefits. Three different funding systems ensure your benefits are paid regardless of your employer’s size or financial situation, and understanding who pays helps you know what to expect and when problems might require legal help.
This comprehensive payment system was established by Pennsylvania’s Workers’ Compensation Act of 1915 to protect workers from financial hardship after workplace injuries. Whether your employer has two employees or two thousand, they are legally required to provide coverage that pays all your medical expenses and replaces a portion of your lost wages. The system is designed to give you peace of mind, […]
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Does Workers’ Compensation Affect Future Employment?
Workers’ Comp Should Not Impact Employment
According to the Bureau of Labor Statistics and the Insurance Information Institute, on average, there are 3.4 workers’ compensation claims filed for every 100 full-time employees. With workers’ compensation claims being rather common, one may wonder, does workers’ compensation affect future employment?
The answer is no, it should not. Because employees who are hurt on the job are legally permitted to collect workers’ comp, a future employer cannot hold it against you for the injury or the collection of benefits.
Regardless, employees want to know how workers’ comp laws protect them in their future employment. Here, our workers’ compensation lawyer explains what you can do to protect yourself now and in the future.
What Does Workers’ Compensation Law Say About Getting Hurt on the Job?
In the United States, each state regulates its own workers’ […]
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Are Slip and Fall Accidents Hard to Prove?
Are Slip and Fall Accidents Hard to Prove?
Proving negligence in a slip and fall accident comes with its own complications. Were you not paying attention? Was the property it occured on your own? Or did it happen in a public space?
Though proving negligence in a slip and fall accident can be difficult, it is important to do so if you want to seek recovery for the damages you incurred.
At Munley Law Personal Injury Attorneys, we know how critical these personal injuries cases are to your overall recovery. We have been helping slip and fall accident victims for more than 60 years and we’re ready to help ensure you get the compensation you deserve.
Components of Negligence in Slip and Fall Accidents
Following a slip and fall, your main priority is to seek medical attention. […]
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How Common Are Slip and Falls?
Slip and Falls Accidents are Very Common
Slip and fall accidents remain one of the most common causes of injury in the United States with more than 3 million older adults being treated in emergency rooms for fall injuries each year. Further, slips, trips, and falls remain the most common cause of injury in retail stores.
While these accidents are common, they also can be costly. Learn more about the common causes, injuries, and costs of slip and fall accidents and how the slip and fall lawyers at Munley Law Personal Injury Attorneys can help.
What Are Common Causes of Slip and Fall Accidents?
Slip and fall accidents can occur anywhere– in residential, commercial, industrial, and public places. Because of this, there is a responsibility for everyone to keep spaces clear and free of hazards. Unfortunately, this doesn’t always happen, […]
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How Long After a Slip and Fall Can You Sue?
Determining When to Sue in a Slip and Fall Case
The state you live in and laws surrounding personal injury and wrongful death ultimately determines how long after a slip and fall you can sue. While state laws take into account the amount of time it takes to file a claim with insurance, partake in negotiations, and in some cases, go to trial, should you miss the statute of limitations, you lose the right to seek legal recourse against the party who owned the property and caused your injury.
Learn more about slip and fall statute of limitations and how Munley Law Personal Injury Attorneys can help get the compensation you deserve for your losses.
Pennsylvania, New York, New Jersey, and Delaware Slip and Fall Statute of Limitations
For more than 60 years, the slip and fall attorneys at Munley Law Personal Injury Attorneys have been representing accident victims across Pennsylvania, […]
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Should I Get a Lawyer for a Slip and Fall?
A Slip and Fall Accident Attorney Can Help
A slip and fall accident occurs when one party is injured when slipping or tripping and falling, usually on another person’s property, due to some sort of hazardous condition. This “hazardous condition” could be any number of things, such as a wet or slippery floor, a faulty handrail, or loose carpeting.
Many people may not realize just how serious the injuries caused by a slip and fall accident can be, for anyone, but particularly people over 65. In fact, 75% of slip and fall accident deaths occur in this age group, and 66% of all injury cases in people over 65 are the result of a fall.
If you have been injured in a slip and fall accident, you may well be entitled to compensation. But simply determining whether you have a case, let alone navigating the legal and insurance systems as you fight for compensation, […]
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Can You Sue for a Slip and Fall Accident?
Slip & Fall Accidents are More Common Than You Think
A slip and fall accident is, essentially, exactly what the name implies: one party is injured when slipping or tripping and falling, usually on another person’s property, due to some sort of hazardous condition. This hazardous condition could be anything from a faulty handrail to uneven pavement to a slippery surface.
For someone young and healthy, a fall might not sound like much to worry about, but the reality is that the ensuing injuries are often more serious than meets the eye. It’s also a far more common occurrence than you may realize; in fact, more than half a million slip and fall accidents requiring medical care occur in North America each year.
So what can you do if you are injured in a slip and fall accident? Many people may not realize that pursuing legal action is absolutely a possibility. […]
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Do Most Slip and Fall Cases Settle Out of Court?
Settling a Slip and Fall Accident Case
Do most slip and fall cases settle out of court? A slip and fall accident occurs when one party is injured when slipping or tripping and falling, usually on another person’s property, due to some sort of hazardous condition. This “hazardous condition” could be any number of things, such as a wet or slippery floor, a faulty handrail, or loose carpeting. While a fall may not sound like something serious, the reality is that it can cost much more extensive damage than one might expect. An accident of this type is particularly dangerous for people over the age of 65, who are both more prone to falling and more prone to experiencing severe injury as a result.
If you or a loved one has experienced a slip and fall accident, you may be wondering what your next steps are. […]
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Questions to Ask Your Workers’ Comp Lawyer
Know What to Ask an Experienced Workers’ Comp Lawyer
A workplace accident may mean prolonged medical treatment, physical therapy and rehabilitation, and time off work. Workers’ compensation benefits exist to cover these expenses, but obtaining your benefits isn’t always easy. A workers’ compensation lawyer can help you recover the benefits you are owed.
In Pennsylvania, most employees are covered under workers’ comp for medical costs and lost wages caused by a work-related injury or death. Under Pennsylvania’s workers’ compensation law, injured workers have a right to file a workers’ compensation claim if they have been injured while carrying out their work-related tasks either on-site or off-site. How long these benefits last depends on the severity of your injury and the possibility of long-term disability.
Unfortunately, employers and insurance companies often deny workers’ comp claims, even when they are valid. That’s where a workers’ comp lawyer can help. […]
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When To Hire a Workers’ Compensation Lawyer in Pennsylvania – The Complete Decision Guide
If you’re reading this, you’re probably worried about your workers’ compensation claim and wondering whether you need to hire a lawyer. This is one of the most important decisions you’ll make after a workplace injury, and it’s completely normal to feel uncertain about it. The reality is that the decision to hire a workers’ compensation lawyer often determines whether you recover thousands of dollars or struggle with denied claims and inadequate benefits.
Most Pennsylvania workers face this same dilemma after a workplace injury. You’re dealing with physical pain, mounting medical bills, lost wages, and a complex legal system that seems designed to confuse rather than help. The good news is that you don’t have to navigate this decision alone. Pennsylvania workers who hire qualified workers’ compensation attorneys recover an average of $47,000 more than those who handle their claims without legal representation.
At Munley Law, […]
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Can You Sue Someone for a Minor Car Accident?
What to Do If You’re In a Minor Car Accident
Maybe it’s a small fender-bender in the grocery store parking lot. Or perhaps a driver misjudged the lane shift and tapped into your car. Sometimes these minor car accidents happen, resulting in minimal damage to your vehicle. While it may just be an inconvenience without injury, you may wonder, can you sue someone for a minor car accident?
The answer is yes — anytime you are involved in a car accident, you have a right to file a claim with your insurance or file a lawsuit against the other driver to recover compensation. The real question is, will your case be successful for a minor car accident?
Every accident can involve both non economic damages and economic damages. So, in some cases, a personal injury claim is appropriate to recover pain and suffering damages. […]
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Do You Always Get A Settlement From A Car Accident?
Understanding Car Accident Settlement Claims
While insurance claims following a car accident do not always end with a settlement, you do always have a right to file a claim and try to seek compensation for your injuries. There are various factors that will determine the success of your car accident settlement claim, most importantly, the severity of your injuries. Car accident victims will have a lot of questions after a car crash about how to deal with insurance companies and what kind of settlement offer or help with medical expenses and more that they can expect.
Steps in Seeking a Settlement
Before car accident settlements are even discussed, you’ll have to file an insurance claim with both your own insurance company and the other drivers. In many cases, the insurance company should cover your needs, but it is not always the case, […]
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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.
Car 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?
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 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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Workers’ Compensation Back Injury Claim
If you’ve suffered a back injury at work, hire an experienced workers’ comp attorney
A work-related back injury can have long-lasting affects, ranging from a few missed shifts to short-term or permanent disability. Pushing yourself to keep working despite a back injury can lead to a prolonged recovery process or permanent damage.
At Munley Law Personal Injury Attorneys, our Pennsylvania workers’ compensation lawyers can help you navigate the process of filing or appealing your claim so that you receive the compensation you need to recover from your back injury. Where full recovery isn’t possible, we will fight to recover the compensation you deserve to account for your new reality.
Common Workers’ Compensation Back Injury Claims
Filing a workers’ compensation claim for a back injury isn’t limited by your field or profession—anyone can sustain a back injury at work, […]
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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?
A 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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