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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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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Pennsylvania #3 in the U.S. for Deer Collisions
It’s the first day of fall. The new season brings lots to look forward to. But, for Pennsylvania drivers, it also means you’re more likely to encounter a deer on the road.
Pennsylvania is now #3 in the U.S. for deer collisions – up from #4 last year. State Farm estimates that one in 67 Pennsylvania drivers will file an insurance claim for a car accident involving a deer in 2016.
Why does the risk increase in the fall? October through December is deer mating season, which also coincides with hunting season when deer are likely to be on the move. At the same time, days are getting shorter and darkness falls earlier, reducing driver visibility.
Tips to avoid hitting a deer
- Slow down, particularly at dusk and dawn. Especially on rural roads or in wooded areas, it’s important to remember that a large animal could be around the next corner or dart out unexpectedly. […]
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Teen in jail, Snapchat speed filter blamed for 107 MPH crash
A 19-year-old girl is in jail after allegedly causing a 107 MPH car crash outside of Atlanta, GA, while using Snapchat to record her speed.
Snapchat has a filter that allows users to record how fast they’re traveling when they take photos or videos with the app.
As personal injury lawyers who handle car accidents on a daily basis, we can’t help but see the Snapchat speed filter as inherently dangerous, and as an accident waiting to happen. In a society already marred by distracted driving, this filter seems to contradict every effort to deter cell phone use behind the wheel. While representatives of the app claim that the speed filter includes a warning not to use it while driving, that seems contradictory to its very function and offers little comfort to the families of those who have been hurt in other accidents involving a speeding, […]
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Amtrak Investigation Continues, Lawsuits Begin

Deadly Amtrak crash still under investigation, attorneys concerned over 1997 damages cap of $200M
Four passengers and one of the conductors on board the derailed Amtrak train 188 have filed lawsuits against Amtrak as the investigation continues. Amtrak service between Philadelphia and New York resumed this morning with Michael Nutter, mayor of Philadelphia, there to see passengers off.
Speculation as to the official cause of the crash is still going on
Was an object hurled at the train moments before the crash? Does it matter? While the object may not have done damage to the train itself, some say it could have alarmed, distracted, or even wounded the conductor, who says he has no memory of the crash or the final moments leading up to it. A“black box” data recorder will give a more accurate reading of the train’s speed, […]
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Proposed Law: Fine Truckers for Uncleared Snow, Ice
A law proposed by state Senator Lisa Boscola would impose fines on truck drivers who do not clear ice and snow from their vehicles before driving.
In the winter, it’s common to see chunks of ice and snow flying off the tops of large trucks as they go barreling down the highway. For drivers traveling behind these trucks, frozen projectiles can hit their windshields and obstruct their vision, or even cause damage. Or, drivers might swerve to avoid being hit, and get into an accident. The proposed bill has been re-introduced with safety in mind. In 2005, a woman from Jim Thorpe, PA, was killed when a chunk of ice dislodged and flew into her windshield.
Under the current law, truck drivers are only penalized if someone gets seriously injured or killed. Fines range from $200-$1,000 for each offense. Boscola’s law would fine truckers $25-$75 for any uncleared snow that creates a hazard, […]
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Auto Accidents Caused by Defective Roads
Sometimes it is the road that is at fault in an auto accident. Defective road conditions can cause a driver to lose control of his/her car, leading to an auto accident that can result in serious personal injury or death. But when the road is at fault, who is responsible for your injuries?
Roads in Pennsylvania are the responsibility of either the state or local municipalities. Although Pennsylvania’s Sovereign Immunity Act generally bars suits against the Commonwealth and other government entities, dangerous conditions on highways created by potholes, sinkholes or similar conditions are exempt from sovereign immunity.
The Pennsylvania defective road condition car accident attorneys of Munley Law believe that when hazardous road conditions lead to accidents, injury, or death, the responsible government agency and/or a private contractor that worked on the road should be held accountable. The victims of accidents caused by unsafe roads deserve full and fair compensation for their injuries and losses. […]
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Mesothelioma Misdiagnosis Lawyers
Have You or a Loved One Had a Mesothelioma Misdiagnosis?
Mesothelioma diagnosis errors are estimated to cause over 500 deaths every year.
If you or a family member has suffered because of a doctor’s improper or missed diagnosis of mesothelioma, you may be able to recover your past and future medical expenses, lost income, and compensation for your pain and suffering, diminished quality of life or reduced lifespan, disability, and more. Please contact Munley Law Personal Injury Attorneys today to speak with a mesothelioma misdiagnosis attorney. We have offices conveniently located in Scranton, Wilkes-Barre, Philadelphia, and Carbondale, PA.
About Mesothelioma
A layer of specialized cells – known as mesothelial cells – lines the inside of the chest, abdomen, heart and the other surfaces of most of our internal organs. Mesothelium, the lining formed by the cells, generates a lubricating fluid that allows our internal organs to move. […]
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Breast Cancer Misdiagnosis Lawyers
Have you or a loved one had a breast cancer misdiagnosis?
Cancer misdiagnosis currently accounts for 10-20% of all cancer cases and far exceed wrong drug and wrong surgical site errors. A vast majority of these late or incorrect diagnoses are life-threatening or result in death. For breast cancer alone, diagnosis errors are estimated to cause over 40,000 deaths every year. This is unacceptable.
If you or a family member has suffered because of a doctor’s improper or missed diagnosis of your breast cancer, you may be able to recover your past and future medical expenses, lost income, and compensation for your pain and suffering, diminished quality of life or reduced lifespan, disability, and more. Please contact Munley Law Personal Injury Attorneys today to speak with a breast cancer misdiagnosis attorney or call us at [phone-number]. We have offices conveniently located in Scranton, […]
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Pennsylvania personal injury lawyer: More accidents may be tied to GM faulty ignition switch
In what the New York Times reported as the most concrete movement yet that GM intended to compensate victims and their families, the lawyer hired by GM to determine compensation of victims of GM cars with faulty ignition switches met last week with lawyers representing hundreds of people and their families who claim they were affected by accidents involving the vehicles.
This may mean that that the potential number of those affected is much larger than the 13 deaths and 32 crashes that GM has previously admitted are linked to the faulty ignition. The Los Angeles Times reported in March that there could be as many as 303 deaths linked to those faulty ignition switches. This was based on a new report commissioned by the Center for Auto Safety, an independent watchdog group. GM vigorously challenged the report, stating that other issues could also have caused the 303 deaths. […]
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A Pennsylvania Injury Lawyer tells you what you should do right after a car accident
Pennsylvania Injury Lawyer: After you get into an accident, there are things that you can choose to DO and NOT DO right afterward that may affect your injury claim against the other driver’s insurance company.
A Pennsylvania Injury Lawyer will advise doing the following right after the accident takes place:
- Stay inside your vehicle unless it’s too dangerous to do so
- Turn on your hazard lights
- Call 911 even if the accident didn’t seem too bad
- Seek medical help for anyone involved in the accident if needed
- Don’t move any vehicles or alter the scene unless you have to
- Don’t leave the scene
- Write down the names, addresses and phone numbers of everybody involved in the accident, including witnesses
- Write down the names/badge numbers of police officers who come to investigate
- Take pictures of injures and damage
- DON’T admit fault
- Call your insurance company right away and let them know what happened
- DON’T talk about the accident with anyone except the police and your own insurance company. […]
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EMS Driver Caught Driving Drunk
State police in Swiftwater arrested a woman for driving an EMS vehicle drunk on December 29.
The emergency service driver was stopped for speeding and following another vehicle too closely. Arresting officers determined she was too impaired to drive.
Each year automobile accidents in Pennsylvania claim the lives of more than 1,000 people and injure another 85,000 more. More than 70 percent of the state’s auto accidents in 2010 resulted in an injury or fatality.
Far too many of these wrecks were caused by a driver’s negligence or recklessness.
Following is from the Scranton Times-Tribune:
A Monroe County woman was arrested Saturday for driving an emergency medical services vehicle while under the influence.
State police at Swiftwater stopped Stacy M. Ems, 23, Paradise Twp., around 1 AM for speeding and following another vehicle too closely on Buttermilk Falls Road, […]
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Disaster Averted With Wrong-Way Driver on I-81
Law enforcement had to form a moving road block to stop a confused Carbon County motorist who drove 18 miles the wrong way down Interstate 81.
Amazingly, nobody was hurt in the incident.
There are more than 100,000 motor vehicle crashes in Pennsylvania each year, according to the state Department of Transportation. These wrecks will claim the lives of 1,000 people and injure and disable many thousands more.
Here is one newspaper account of the wrong-way driver on I-81:
State police formed a rolling road block to stop a Carbon County woman who drove the wrong way on Interstate 81 for 18 miles starting near Dickson City.
State police at Dunmore received calls around 5:30 a.m. about a vehicle, driven by Paige Cicardo, 22, of Albrightsville, traveling south on I-81 north near the Main Avenue exit. […]
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Injury Victims of Train Accidents May Often Claim Compensation
A recent train derailment in South Jersey sent some 70 people to the hospital and caused the evacuation of more than 200 nearby homes. The reason? The train cars were filled with a dangerous chemical called vinyl chloride, a chemical that wafted through the air for at least several days.
The Nov. 30 train derailment near Paulsboro, N.J., sent four rail cars into the Mantua Creek when the train came off its tracks on a bridge. It took officials two weeks to get the cars out of the creek, which feeds the Delaware River that provides drinking water to some 15 million people.
While no one was killed in the Paulsboro train accident, the long-term effects of vinyl chloride are such that we may not know the full damage for years. The gas reportedly causes cancer and liver damage, according to the EPA.
Mike Schade with the Center for Health, […]
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7 Ways to Fast-Track Your Sandy Insurance Claim
Claim your insurance protection for damage done by Hurricane Sandy
In the wake of Hurricane Sandy, thousands of Pennsylvanians are filing insurance claims under homeowners, auto, health and even life insurance policies.
Many will face long waits and daunting paperwork.
Some insurance slowdowns are inevitable following a disaster of Sandy’s proportions. Damage estimates range from $7 billion to $50 billion, according to the Wall Street Journal.
But by taking a few simple steps Pennsylvania residents can improve the odds of their claims getting fast-tracked for approval:
- Do your homework. Take pictures or video of the damage. Before-and-after photographs, purchase records and contractor estimates for repairs are especially valuable.
- Hurry up and file your claim. “Experts say that many homeowners hesitate because they aren’t really sure if they have enough damage to merit a claim—or at least a claim that is more than the value of the policy’s deductible,” the Wall Street Journal reported. […]
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New Jersey Bus Driver Arrested after Causing Death of Passenger
The driver of a New Jersey Transit bus has been charged with vehicular homicide in the death of a passenger at an intersection in Passaic last month. The collision occurred after the man exited the bus and tried to cross in front of it as the driver accelerated through the intersection, according to a news report. Documents filed in the case allege that the bus driver ran a red light, hit the passenger and refused to stop despite that fact that passengers were yelling for her to stop. The driver has been a New Jersey Transit driver for 25 years.
Bus Accidents Are Common
Bus accidents are far more common than most people realize. According to the Federal Motor Carrier Safety Administration, there were more than 11,000 bus accidents across the country in 2008, injuring about 24,000 people. For those who depend on buses for transportation, […]
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New York Man Killed By Runaway Pickup Truck While Eating His Lunch Outside in Financial District
In what can only be called a freak accident, a 70-year-old clerk for the State Attorney’s Office was fatally injured last week when he was struck by a runaway truck as he ate his lunch outside a building on Broad Street in the Financial District of New York City. Witnesses said the 2008 Honda pickup accelerated out of nowhere onto the sidewalk and pinned the victim against the building. Although bystanders tried to administer CPR, he was pronounced dead at the scene.
According to news reports, the truck was driven by an employee of a security company that works in the area. Trucks are often used to keep vehicular traffic out of the pedestrian-only financial district. No charges were filed against the 50- year-old driver of the truck, who is a retired police lieutenant.
The fatal accident was a tragedy. The victim’s 29-year-old daughter said he was “a great father, […]
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Pennsylvania Drivers Urged to be Aware of Information Exchanged After a Car Accident
Our Pennsylvania car accident attorneys encourage all drivers to do the right thing after a car accident: stop, assist others involved, call the police, exchange information with others, and contact your doctor. All of these are key steps to help minimize the stresses associated with being in a car crash and to help ensure that all legal processes are completed.
However, according to the National Association of Insurance Commissioners (NAIC) while it is important that anyone that has been in an accident shares appropriate information, it is critical that they not share too much information and risk putting themselves in jeopardy of identity theft.
The NAIC, the U.S. standard-setting and regulatory support organization created and governed by the chief insurance regulators in the U.S., reports identity theft is one of the fastest-growing crimes in the U.S. Federal statistics estimate nearly 9 million Americans have their identities stolen each year. […]
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Victims Win Record Pennsylvania Wrongful Death Truck Accident Settlement
The victims of a 2010 Pennsylvania wrongful death truck accident recently agreed to a record $26.1 million settlement of their claims against the truck driver, the truck company and other defendants. The accident occurred on June 6, 2010, on Interstate 80 East when a tractor-trailer rear-ended a Toyota Matrix that was stuck in traffic for road construction. One occupant of the Toyota, the driver’s father, was fatally injured. Two others, including the driver, received serious, life-threatening injuries. Two dogs in the car were also killed.
The driver of the tractor-trailer, who apparently was speeding, said the sun was in his eyes; however, the sun was actually behind him at the time. Because the driver’s recollection of the accident appeared fuzzy, it was alleged that he may have been driving drowsy or even fallen asleep at the wheel, though this was never proven.
Pennsylvania Wrongful Death Actions
The victim of a truck accident has the option to file a personal injury accident lawsuit to recover compensation for any injuries. […]
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Lightning Strike at Pennsylvania Racetrack Raises Concern of Spectator Safety
As severe thunderstorms rolled through the area on Sunday, 85,000 fans were sitting in stands and in the infield at the Pocono Raceway watching the Pennsylvania 400 NASCAR race. For the safety of the drivers and the fans, the race was called off, but it was too late – two lightning strikes hit 10 spectators.
According to WNEP, the Monroe County EMA alert system issued a severe thunderstorm warning for the area at 4:12 p.m. NASCAR stopped the race at 4:54 p.m. The first lightning strike was shortly after 5 p.m., killing one man and injuring eight others. The second strike was reported at 6:35 p.m., injuring one person.
Officials with the Pocono Raceway and NASCAR are investigating the hour leading up to the tragedy. While the racetrack officials contend warnings were issued, some of the attendees are disputing that claim. Philly.com reports some attendees said there were no audible warnings given to spectators during the closing stages of the race. […]
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Text message sender is sued in distracted driving accident
Victims in distracted driving accident claim sender of text message enabled driver to be distracted
The victims of a distracted driving accident are making history in the lawsuit they have filed for damages. A man and his wife who both lost their left legs when the motorcycle they were riding was struck by a driver who was texting are suing the sender of the text message as well as the driver.
The driver of the car that struck the New Jersey couple in Sept. 2009 pled guilty to using a hand-held cellphone while driving, careless driving, and failure to maintain a lane. The man was sentenced to $775 in fines and was ordered to speak about the dangers of texting and driving at local high schools, according to the article in the New York Daily News.
The couple is seeking damage for medical costs related to their injuries. […]
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