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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Are Highways Safer Than Regular Roads?
Believe it or not, highways are generally safer than regular roads. While traffic accidents can happen anywhere, statistics show that highways have a lower rate of fatal accidents and injury crashes compared to local and arterial roads. In this article, we’ll go over the factors that contribute to highway safety, including the limited access points, speed limits, and physical barriers on highways.
If you have any more questions regarding highway safety, or if you have been involved in a highway accident, call the Munley Law personal injury lawyers. Our accident lawyers offer a free consultation where we will answer your questions and discuss your legal options.
Crash Fatality Statistics: Highways vs. Local and Arterial Roads
According to a 2022 report from the Insurance Institute for Highway Safety (IIHS), crash deaths in rural areas were less likely to occur on rural highways, […]
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Common Hand and Wrist Injuries
Not many of us realize how much a hand injury can affect our our daily activities and everyday life. A hand or wrist injury, especially a 
severe one, can cause the victim to lose time at work, need surgical treatment, have extraordinarily high medical expenses, and experience pain for the rest of their lives. Hand and wrist injuries, even seemingly small injuries (a dislocated finger, mild sprains, nerve injuries, ligament tears, wrist strains, etc.) need effective treatment so they don’t haunt you for the rest of your life.
If your hand was injured in an accident caused by negligence, reach out to the Munley Law personal injury attorneys as soon as possible. We will work to recover compensation for medical bills, missed days of work, and ongoing medical care you need to fully recover. We offer a free consultation to new clients where we will assess your claim and lay out all your legal options. […]
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Do Pedestrians Always Have the Right of Way?
When you first learned to drive, you may have been told pedestrians have the right of way. While this is generally true, pedestrians don’t always have the right of way. Of course, drivers must always be aware of their surroundings, including looking for pedestrians, but pedestrians must also be aware of traffic lights, crosswalks, and oncoming traffic.
If you were involved in a pedestrian accident and are questioning who has the right of way, Munley Law is here to help.
When Do Pedestrians Have the Right of Way?
Under Pennsylvania law, there are a few scenarios where pedestrians always have the right of way. However, it is ultimately the responsibility of drivers and pedestrians to practice safety on the roadways and be mindful before walking into traffic.
Crosswalks Without Signals
If a pedestrian is at an unmarked crosswalk without traffic signals, […]
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Is Lane Splitting Legal in Pennsylvania?
Have you ever been driving through a congested area and noticed a motorcyclist weaving in and out of traffic? While many motorcyclists think lane splitting should be common practice, it is currently illegal under Pennsylvania law.
If you are involved in a motorcycle accident and have been lane splitting, or hit a motorcyclist due to lane splitting, it can impact your personal injury claim.
What Is Lane Splitting?
Lane splitting, also known as white lining, occurs when a motorcyclist drives between two rows or lanes of traffic. Most commonly, riders split lanes when traffic is moving slowly or at a standstill. Lane splitting can occur on any type of road, including highways or rural roads.
Lane splitting is not the only traffic maneuver you may see a biker make. Other practices include:
- Lane filtering: The rider moves between stopped traffic or slow-moving traffic
- Lane sharing: Multiple motorcyclists share the same lane and ride beside each other in a close formation
- Shoulder surfing: When a rider drives on the shoulder of the road
A University of California, […]
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Harrisburg Product Liability Lawyer
Consumers have the right to expect the products they buy with their hard-earned money are safe and reliable. When a defective product causes an injury (and in many cases, a catastrophic injury) the results can be devastating. In these cases, the injured person may have a valid products liability claim against the product manufacturer, distributor, or retailer responsible for putting the dangerous product on the market.
If you or a loved one were injured by a dangerous product, call the Harrisburg products liability lawyers at Munley Law today. During a free initial consultation, our defective product attorneys will breakdown what your product liability case will look like and outline our legal strategy to secure a settlement or verdict in your favor.
What Is a Product Liability Claim?
A product liability claim is a legal action taken against any or all parties along the chain of manufacture of any product for damage caused by the product. […]
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