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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Understanding the Rights of Reading Truck Accident Victims
In recent years, Reading has witnessed a concerning uptick in truck accidents. These incidents, often devastating, have left many victims grappling with physical, emotional trauma, and financial burdens such as lost wages. Amidst this challenging landscape, the role of a Reading Truck Accident attorney becomes paramount. Munley Law Personal Injury Attorneys, with their seasoned expertise, stand at the forefront of this legal battle, ensuring that victims’ rights are not only understood but fiercely protected.
The aftermath of a truck accident can be overwhelming. Victims often find themselves navigating a maze of medical expenses, insurance claims, and potential legal actions. This is where the specialized knowledge of a Reading Truck Accident lawyer from Munley Law can make a significant difference. Our team is dedicated to guiding victims through the complexities of the legal system, ensuring they receive the compensation they rightfully deserve.
However, beyond the medical expenses, […]
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Personal Injury Glossary Terms
This glossary provides a quick-access resource for looking up definitions of terms you will likely encounter while seeking compensation.
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W
A
Accident Report — A detailed official record of an incident created on-site by an authority figure such as a police officer or hospital staff member.
Act of God — An unforeseen event caused by natural forces without human involvement that couldn’t have been prevented with reasonable care, […]
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The Most Dangerous Roads in Reading for Trucks
Truck accidents in Reading can happen suddenly and unpredictably; therefore, it is vitally important to have the support and advice of an experienced Reading truck accident attorney. Munley Law is familiar with Reading’s road system and how its unique traffic characteristics may contribute to accidents; they are therefore equipped to offer legal support and guidance to anyone affected by truck crashes in this unique urban environment.
What Sets Reading’s Roadways Apart?
Reading, Pennsylvania, is a key transportation hub with an intricate network of highways and roads essential to local and regional traffic. This part of Reading stands out for its distinct geography and history, and it also has an intricate road infrastructure.
Reading’s main road system is marked by significant arteries such as U.S. Route 222 and Penn Street Bridge, which facilitate heavy commuter and commercial traffic flows. U.S. Route 422 connects Reading with major cities such as Philadelphia and Harrisburg while also carrying heavy truck loads, […]
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Pittsburgh Erb’s Palsy Lawyer
Erb’s Palsy is a full or partial paralysis of the arm caused by nerve damage. Because Erb’s Palsy is often avoidable, in some cases, parents may be able to take legal action against the doctors or other medical professionals involved in the delivery process. This kind of personal injury case, which falls under the umbrella of medical malpractice, is complicated. Working with a Pittsburgh Erb’s Palsy lawyer with specific expertise in this subject area is the best way to set yourself and your family up for success.
Contact our Munley Law today for a free consultation and learn how we can fight to protect your best interests after a birth injury.
What Is Erb’s Palsy?
Also known as Erb-Duchenne paralysis, Erb’s palsy is one of multiple possible brachial plexus injuries. The brachial plexus is a network of nerves with roots in the neck, […]
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How Can An Easton Truck Accident Lawyer Help With My Case?
If you or a loved one has been hurt or killed in a truck accident, it helps to have an experienced truck accident attorney in your corner. An Easton truck accident lawyer from Munley Law can help your case in several ways.
A truck accident is often more catastrophic and traumatic due to the sheer size and mass of large commercial trucks, and it is also more legally complex to litigate.
Here’s how:
- Calculating Damages: Munley Law attorneys have over 60 years of experience calculating damages, including current and future medical expenses, property damage, lost wages, and pain and suffering. We work with top PA medical experts and financial professionals to ensure all relevant costs, including future medical treatments and ongoing care, are accounted for.
- Maximizing Your Settlement: Munley Law attorneys are skilled negotiators who will aggressively advocate for your rights during settlement negotiations with insurance companies. […]