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?

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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Upper Darby Nursing Home Abuse Lawyer

When you place an elderly loved one in a nursing home facility, you expect them to be treated with dignity and respect. But when you start to notice signs of elder abuse, you can feel like you let your family member down and now have to fight another battle. The Upper Darby nursing home abuse lawyers of Munley Law understand the devastating impacts elder abuse can have on the victim and their family.

At Munley Law, we have 65 years of experience in complex personal injury cases, including those involving neglect in assisted living facilities. If you suspect medical malpractice, sexual abuse, or any form of nursing home negligence, call our law office today for a no-obligation, free consultation.

What is Nursing Home Abuse in Upper Darby, PA?

Upper Darby Nursing Home Abuse LawyerAccording to the World Health Organization (WHO), […]

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General Attorney vs Trial Attorney: What’s the Difference?

Not all attorneys are the same. You might already understand that some types of attorneys practice law differently from others. For example, district attorneys prosecute those accused of crimes in criminal cases while defense lawyers represent them.General Attorney vs Trial Attorney: What's the Difference?

However, it’s also important to understand the difference between general and trial lawyers. This is particularly true if you have a personal injury case or similar matter that may go to trial. Hiring a lawyer with courtroom experience could provide you with a significant advantage during settlement negotiations.

At Munley Law, we’d be happy to discuss our trial experience when reviewing your personal injury case. Contact us today for a free consultation.

Why a Trial Attorney Makes a Difference in Personal Injury Cases

A trial attorney can play a significant role in the outcome of your case should you ever file a personal injury claim or lawsuit. […]

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Disposal Worker Injured by Pickup Truck in Lancaster County Crash

A disposal worker was injured in Lancaster County on the morning of December 9 after being hit by a pickup truck. According to news reports, the incident happened around 5:30 a.m. along South State Street in West Earl Township. The worker had just dismounted from the trash disposal truck when he was struck by the truck.

The worker sustained multiple injuries and was transported to the hospital, where he is in stable condition. Police say the crash is still under investigation.

Workers’ Compensation and Car Accidents

Getting into a car accident while on the job can be a complex situation as it involves both personal injury and workers’ compensation elements. Whether you’re a delivery driver, traveling salesperson, or simply running a work errand, understanding your rights and the steps to take after a work-related car accident is important for protecting your health and financial well-being. […]

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Who Can I Sue After a Ruptured Gas Line Causes an Explosion?

A natural gas explosion can leave victims with severe burns and other such injuries. You may deserve compensation for the cost of medical treatment and related damages if you’ve been injured in such an accident.Who Can I Sue After a Ruptured Gas Line Causes an Explosion?

However, you might not know how to recover compensation after being injured, perhaps because you don’t know who you can sue when a gas explosion occurs. At Munley Law, our gas explosion attorneys can provide answers about your legal rights. Contact us today for a free consultation.

Potential Parties Liable in Gas Line Explosion Cases

Seeking compensation for medical expenses, lost wages, and other such losses from gas explosion injuries generally involves filing a personal injury claim with the liable party’s insurer. In some cases, compensation can be sought from other liable parties. Potentially liable parties when gas explosion accidents occur include:

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What Are Typical Pain and Suffering Awards? 

Understanding pain and suffering awards is essential for victims seeking compensation. Pain and suffering involve physical discomfort and emotional distress resulting from an injury. These awards can vary based on the severity of the injuries, as well as their impact on the victim’s quality of life. Here, we’ll explore the factors that influence typical pain and suffering awards, how to calculate them, and the evidence needed to prove your case.

Defining Pain and Suffering in Personal Injury Cases

What are typical pain and suffering awards?In personal injury cases, physical pain can include everything from mild discomfort to severe agony, while emotional distress refers to anxiety, depression, or post-traumatic stress. In these types of claims, it’s important to differentiate between short-term and long-term suffering.

Short-term suffering represents pain experienced immediately after an injury that may resolve over time. Long-term suffering, however, can lead to chronic pain, ongoing mental health issues, […]

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How Are Medical Bills Paid After a Car Accident in Bensalem?

How are medical bills paid after a car accident in Bensalem? If you’ve been involved in a car accident in Bensalem, Pennsylvania, you may be facing not only physical and emotional challenges but also the daunting prospect of dealing with medical bills. In such a stressful time, understanding how medical bills are paid can provide you with valuable information and peace of mind. At Munley Law Personal Injury Attorneys, our Bensalem car accident lawyers have extensive experience in helping car accident victims in Bensalem and the surrounding areas navigate the complex process of medical bill payment.

Insurance Coverage for Medical Bills

One of the primary sources of payment for medical bills after a car accident is insurance coverage. In Pennsylvania, drivers are required to carry a minimum amount of auto insurance, which includes:

Medical Benefits (Med Pay)

Medical Benefits, often referred to as Med Pay, […]

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What Happens If You’re in an Accident with a Rental Car?

What Happens If You’re In An Accident With a Rental Car?When you’re in an accident with a rental car, the last thing you need is more stress trying to figure out insurance coverage. You likely have multiple layers of protection available. Your auto insurance may cover the incident, the rental company’s optional coverage could kick in, and even the credit card you used to rent the vehicle might provide insurance benefits.

If you’ve been hurt in a rental car accident, don’t hesitate to reach out to a car accident attorney at Munley Law who can guide you through this challenging time. They’ll work hard to protect your interests and help you get the compensation you deserve while taking the burden of dealing with multiple insurance claims off your shoulders.

Who Covers a Rental Car Accident?

When you’re involved in a rental car accident, there can be several sources of coverage. First, […]

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Internal Bleeding from a Car Accident

Car accidents often involve blunt force, which can cause an array of injuries like broken bones, organ damage, and more. Auto accidents may also cause internal injuries and internal bleeding. When you are involved in an auto crash, you must seek immediate medical attention to ensure that you do not have any injuries and receive proper care if you do. It is also of the utmost importance that you wear a seat belt every time you are in a motor vehicle to help prevent serious injuries in the case of a traffic crash.

The Causes of Internal Bleeding After a Car Accident

There are a variety of causes of internal bleeding after a car accident. Internal bleeding can be caused by damage to blood vessels, a traumatic brain injury, broken bones puncturing internal organs, and more.

The Visible Signs of Internal Bleeding

internal bleeding from a car accidentThere are many signs and symptoms of internal bleeding to look out for. […]

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Average Settlement for a Pedestrian Hit By a Car

Pedestrians are often far more vulnerable than motorists when navigating busy cities and towns. In a car, a motorist or passenger is surrounded by a steel frame that absorbs the shock of impact during a collision. A pedestrian is not afforded nearly the same degree of protection.

You may deserve compensation if you’ve been harmed in a pedestrian accident you believe resulted from the negligence of another party. Although settlement amounts can be substantial in these cases, as injuries in a pedestrian accident are often serious, the “average” settlement after a pedestrian accident varies widely. Factors like whether a victim has proper representation can play a significant role in the outcome of a case.

Still struggling with the physical and emotional aftermath of being struck by a vehicle, wondering if legal action is your next step? At Munley Law, our pedestrian accident attorneys have guided countless pedestrians through this exact situation, […]

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Where Do Pedestrians Get Hit the Most?

person crossing the street as car comes around cornerWhere do pedestrians get hit the most, and who is liable for their injuries or deaths? At Munley Law Personal Injury Attorneys, we represent personal injury victims and their families who have been injured as a result of someone else’s negligence. 

If you were a pedestrian who was hit in a car accident, contact the compassionate pedestrian accident attorneys at Munley Law for a free case evaluation. 

Where Are Pedestrian Accidents Most Likely to Occur?

According to the Centers for Disease Control and Prevention (CDC), one in six people who died in car accidents in 2020 were pedestrians; this equates to more than 7,000 pedestrians killed in collisions in the year alone.

Of reporting pedestrian accidents, the CDC finds that pedestrians get hit the most in urban areas, on roadways away from intersections where drivers travel at higher speeds, […]

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Lancaster Medical Malpractice Lawyer

When you seek treatment from a healthcare provider in Lancaster, PA, you assume they will help you heal from injury and illness. You likely don’t imagine that a doctor will cause harm or that they will allow harm to befall you.
Lancaster medical malpractice attorneyUnfortunately, healthcare providers can be negligent. If you or a loved one have struggled with injuries, illness, medical bills, and other such consequences because a medical professional was negligent, you may seek compensation by filing a medical malpractice claim or lawsuit.

Serving the area for 65 years, the Lancaster medical malpractice lawyers at Munley Law can review your case and fight for the compensation you deserve if you decide to take action. Learn more by contacting us today for a free consultation.

Understanding Medical Malpractice in Lancaster, PA 

Medical malpractice occurs when a healthcare provider fails to provide a patient with the quality of care that a reasonable healthcare provider would generally offer in a given situation. […]

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Bensalem Product Liability Lawyer

Has a defective product injured you in Bensalem? Every year, faulty products like exploding pressure cookers, collapsing strollers, and malfunctioning power tools cause severe injuries to consumers. Even everyday household items can be dangerous – Bensalem product liability lawyerfrom space heaters that catch fire to unstable furniture that tips over unexpectedly.

Medical devices aren’t immune, either. Defective pacemakers, failed joint replacements, and faulty insulin pumps have caused severe harm to patients. Problems with faulty automotive parts like faulty airbags, failing seatbelts, and defective tires have led to life-threatening vehicle accidents.

If you’ve been hurt by any defective product in Bensalem, don’t face this alone. Contact the Bensalem product liability attorneys at Munley Law for a free case evaluation. Our experienced team will help you understand your rights and fight for the compensation you deserve – whether your injury came from a faulty children’s toy, […]

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What to Do If the Car Seat Is Defective

Every parent remembers that first drive home from the hospital – your newborn secured in their car seat while you drive more carefully than ever. We trust these essential safety devices with our children’s lives, which makes it all the more devastating when a car seat fails to protect our little ones due to a manufacturing defect. As a parent, few things are more frightening than discovering your child’s car seat – the very device meant to keep them safe – may have put them at risk of serious injury or worse.

While no parent wants to imagine their child being harmed by a defective car seat, understanding how to respond and knowing your rights isn’t just important – it could be crucial for protecting your child and other families using the same model. If your child has been injured due to a faulty car seat, you don’t have to navigate this difficult situation alone. […]

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Lancaster Lyft Accident Lawyer

Rideshare crashes can and do happen in Lancaster, Pennsylvania. Although scheduling a ride with Lyft may be a safe option for getting from point A to point B, it’s important to be prepared in the event of a crash. You may be eligible for compensation via the rideshare company or another such party if you’re hurt in a Lancaster Lyft accident resulting from negligence.

Learn more by discussing your case with a Lyft accident attorney with experience handling Pennsylvania Lyft accident cases. At Munley Law, an accident attorney can review your case, discuss legal options, and provide representation to fight for the compensation that’s recoverable. Learn more about how we can help after a Lyft accident in Lancaster by contacting us today for a free consultation.

Understanding Lyft Accidents in Lancaster, PA

Lancaster Lyft accident lawyerStatistics on Lyft and rideshare accidents in Pennsylvania are currently unavailable. […]

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Lancaster Uber Accident Lawyer

The path forward isn’t always clear when you’re hurt in an Uber accident in Lancaster. As an injured passenger, you may be dealing with medical bills, missed work, and the stress of recovery – all while trying to figure out who’s responsible for your injuries. At Munley Law, we’ve helped many Uber accident victims understand their rights and get the compensation they deserve, whether your Uber driver, another vehicle, or unsafe road conditions caused the accident. If you’re recovering from an Uber-related injury, let us handle your case while you focus on healing.

Understanding Uber Accidents in Lancaster, PA

As rideshare services like Uber become increasingly popular, the frequency of Uber accidents has risen — raising significant safety concerns. According to Uber’s U.S. Safety Report, Uber-related motor vehicle fatalities peaked at 153 in the 2021-2022 reporting period.  Fatalities aside, […]

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Lancaster Product Liability Lawyer

When a defective product causes injury in Lancaster, you need answers and action. At Munley Law, our attorneys identify who’s responsible – from the manufacturer to the store that sold it – and pursue maximum compensation for your injuries. If a product has harmed you or a family member, call our Lancaster product liability attorneys for a free case review. We handle injury cases involving consumer products, medical devices, and more.

Understanding Product Liability in Lancaster, PA

Product liability refers to the legal responsibility of manufacturers, distributors, and retailers for injuries caused by flawed products. In Lancaster, this area of law protects consumers who are harmed by unsafe products. There are three main types of product defects: design defects, manufacturing defects, and marketing defects.

Design Defects

Design defects occur when a product is inherently unsafe because of how it was designed. […]

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Are Electric Scooters Legal In Pennsylvania?

Electric scooters, or e-scooters, have quickly become a popular mode of transportation on the roadways of many busy U.S. cities. They’re convenient, affordable, and an eco-friendly alternative to cars. Like e-bikes, companies like Lime and Bird provide low-speed e-scooter-sharing services in cities worldwide. But while electric scooters are legal in many other places, Pennsylvania has needed to catch up in getting on board.

Current Legal Status of Electric Scooters in Pennsylvania

Right now, Pennsylvania state law has strict rules regarding e-scooters. Pennsylvania has some hurdles, unlike some states, such as California, Texas, and Washington, where you can easily rent or own one and ride freely.

Are Electric Scooters Legal In Pennsylvania?Pilot programs in some cities

Certain cities in Pennsylvania have started pilot programs to evaluate the potential impact of electric scooters, even though they still need to be fully legalized statewide. In places like Pittsburgh, companies can offer electric scooter rentals under strict rules and local laws that help city governments understand how scooters affect safety, […]

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Lancaster Nursing Home Abuse Lawyer

Placing your loved one in a nursing home or assisted living facility likely wasn’t a decision you made lightly. You thought this placement would be the best option to keep your loved one safe and ensure they received the necessary medical treatment. Elderly loved ones are, of course, more prone to injury, which is probably one reason you selected a nursing home or assisted living facility. You could have never imagined that the carefully selected facility you chose would commit elder abuse. Still, unfortunately, nursing home residents are often victims of various forms of abuse, from emotional abuse to financial abuse and medical neglect.

Understanding Nursing Home Abuse and Neglect in Lancaster, PA

In Lancaster, nursing home abuse and neglect can take many forms; the most common we see in nursing homes, assisted living facilities, and long-term care facilities include:

  • Unsanitary living conditions
  • Poor hygiene
  • Physical abuse
  • Physical neglect, […]

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Suing a Neighbor for an Injury on Their Property

Suing a Neighbor For An Injury On Their Property
Property owners are responsible for keeping the property they invite others into safe. If they fail to clear the space of hazards and someone gets hurt, the injured person has the right to sue the negligent property owners responsible for their injuries.

If you or your loved one were injured on a neighbor’s property, you have the right to file a premises liability lawsuit against their insurance company. An experienced premises liability attorney at Munley Law will guide you through the claims process and help you recover fair compensation for your injuries and losses. Call today for a free consultation.

If I’ve Been Injured at My Neighbor’s Home, Can I Sue?

The short answer is, yes, you can sue if you were injured at your neighbor’s home. However, you must be able to prove the four elements of negligence to have a valid premises liability claim. […]

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3-Car Accident: Who Is at Fault?

3-Car Accident: Who is At Fault?Statistically, multi-vehicle accidents are more dangerous than two-vehicle crashes. Why? Because there are more vehicles involved, which increases the impact points. These accidents often occur on highways or major roads where vehicles are traveling at higher speeds. Three-way car accidents can trigger a domino effect and chain-reaction accident. The force of multiple impacts can result in more severe injuries to accident victims, including traumatic brain injuries, spinal cord injuries, and internal bleeding.

If you or your loved one were in a 3-car accident, you may have the right to file a car accident claim against the responsible parties. The Munley Law car accident lawyers have won millions for our clients, including a $17.5 million car accident settlement. We offer a free initial consultation where we will provide a reasonable assessment of your claim. Fill out our online contact form or call today to schedule your consultation. […]

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