Claim

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.

More information about Claim

PA Workers’ Compensation Denials

As a state with a long history of being at the forefront of industry, manufacturing, natural resources, and transportation, Pennsylvania has a long relationship with the fight for worker rights.

The need to safeguard workers became increasingly apparent as Pennsylvania’s industrial revolution moved forward in the early 20th century. Hazardous workplace conditions caused injuries to grow in both type and frequency. This surge in workplace accidents highlighted the necessity for laws designed to protect employees, leading to the development of workers’ compensation regulations. The Pennsylvania Workers’ Compensation Act of 1915 was a law that provided employees with financial protection while requiring employers to maintain workers’ compensation insurance coverage.

If you have experienced a workplace injury in PA, you should be able to rely on this historic Pennsylvania state law to provide a financial safety net for you and your family while you recover. […]

East Stroudsburg Personal Injury Lawyers

Whether you’ve been involved in a car or motorcycle accident or experienced medical malpractice such as a surgical error, you might be overcome with the many new challenges you now have to deal with. The physical toll your injury has taken on you and your family, the mounting medical bills, and lost wages due to missed work, coupled with trying to understand your legal rig,hts can become overwhelming. If you have tragically lost a loved one, you might be considering a wrongful death case, but you don’t know where to begin.

At Munley Law, we’ve been fighting for personal injury victims since 1959, earning national recognition for our expertise in personal injury litigation. Our attorneys have been named among the Best Lawyers in America, Pennsylvania Super Lawyers, and are board certified by the National Board of Trial Advocacy. Our proven track record has secured numerous multi-million dollar settlements and verdicts for our clients. […]

Harrisburg Premises Liability Lawyer

When shopping, visiting friends, or eating at a restaurant in Central Pennsylvania, one of the last things on your mind is getting injured. But, as we know, accidents can happen. When they do, it’s important to know your rights, mainly if the injury occurs on someone else’s property.

In Harrisburg, premises liability law protects you when property owners fail to maintain a safe environment.

Were You Injured on Someone Else’s Property?

Imagine visiting a hotel lobby, and as you walk through, you step on a loose tile that hasn’t been fixed or marked as a hazard. You lose your balance and fall, breaking your leg. This scenario falls under premises liability, a legal concept that holds property owners responsible for injuries that occur on their property due to dangerous conditions.

If you’ve been hurt on someone else’s property, a Harrisburg premises liability lawyer can help you understand your rights and determine if you have a premise liability claim worth pursuing. […]

Harrisburg Lyft Accident Lawyer

As the victim of a Lyft accident in Harrisburg, Pennsylvania, you may be feeling overwhelmed and unsure of your next steps. The legal aftermath of a rideshare accident can be complicated, but you certainly don’t have to do it alone.

At the law firm of Munley Law, our team of dedicated Harrisburg Lyft accident attorneys is here to help you understand your rights and options. We know how these accidents can turn your life upside down, and we’re committed to helping you get the fair compensation you deserve.

Understanding Lyft Accidents in Harrisburg

Understanding Lyft accidents means knowing how they differ from regular car accidents. Rideshare accidents involve more parties, like the company and its insurance policies. It also matters if the Lyft driver was on duty at the time. This affects which insurance will cover the damages. Knowing these differences can help you handle the legal process and protect your rights. […]

Harrisburg Uber Accident Lawyer

Rideshare apps are growing in popularity, and Uber is no exception. In 2024, it is estimated that Uber has 131 million monthly users. While rideshare companies boast the safety benefits of utilizing their services, these drivers are still at risk for motor vehicle accidents. Knowing your legal rights is critical for passengers in an Uber or other drivers involved in the collision. If you were injured in an Uber accident in Harrisburg, call the Harrisburg Uber accident attorneys of Munley Law.

We Represent Victims of Uber Accidents in Harrisburg

According to the 2021-2022 Uber Safety Report, 153 people died in Uber-related crashes and many more were seriously injured.

At Munley Law, we represent Uber accident victims who have suffered injury. Our Harrisburg personal injury lawyers guide victims and their families through the legal process, including handling negotiations with the insurance company. […]