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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When Should I Hire a Car Accident Lawyer?

A Car Accident Lawyer Can Help with Maximum Compensation

Car Damaged in Accident

Following a car accident, one choice you’ll need to make is if you need a car accident lawyer or not. Car accident victims need an ally on their side to navigate insurance companies and take on the other driver. If you are unsure how to proceed in your car accident claim, a car accident lawyer can help you determine your next steps.

If you suffered car accident injuries, learn more about when you should hire a car accident lawyer.

When You Need A Car Accident Lawyer

If you are involved in a car accident that resulted in serious injuries, lost wages, and piling medical bills, you are likely going to need a personal injury lawyer or car accident lawyer to recover damages in a car accident case. […]

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Train Derailment Lawyer

The experience of a train derailment lawyer can be invaluable after what can be a terrifying and life-altering event. With the force and impact of a train accident, severe injuries, loss of life, and significant property damage aren’t uncommon. If you or someone important to you has been injured in a train derailment, medical bills, rehabilitation, and emotional trauma might be taking their toll. With everything you’re dealing with, you may not be sure what the next move is. Train derailment lawyers understand the complexity of train accident cases and are committed to helping you get the compensation you deserve so you can focus on healing and moving forward.

Whether you were a passenger on the train, a railroad employee, or a driver or passenger in a motor vehicle involved in the crash, you may be entitled to compensation for your injuries and/or the death of your loved one. […]

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What Percentage of Work Zone Related Accidents Involve Large Trucks?

When you drive by a work zone on a main road or highway, you’ll likely see several large trucks on your route: dump trucks, garbage What percentage of work zone related accidents involve large trucks?trucks, heavy trucks, oversized trucks, tractor trailers, and more. Construction workers use these large vehicles to pave roads, fix potholes, and even build new parts of the highway. While these massive motor vehicles are essential to construction work, they are inherently dangerous and can cause devastating harm to passenger vehicle drivers on the road.

We’re going to talk about the statistics on large trucks, work zone accidents, fatal crashes, how to avoid an accident, and what to do if you’ve been in an accident with a large commercial truck in a work zone.

If you have more questions, the Munley Law truck accident lawyers are standing by. We offer a free consultation where we will discuss your story, offer expert legal advice, […]

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West Virginia Car Accident Lawyer

Across the nation, car accidents are an all too common cause of death, injury, and extensive emotional and psychological Car Accidentdamage. In 2019, West Virginia saw 260 fatalities from car accidents, and in 2015, car accidents caused around 8% of all injury-related hospitalizations in the state. Too many lives have been impacted and lost as a result of car accidents. 

If you or a loved one has been a victim of a car accident in West Virginia, know that you do not have to fight this battle alone. The aftermath of an accident can be even more stressful and overwhelming than the accident itself, especially as you try to balance your recovery with all the complex logistics and legalities of your situation. But there is hope: with the help of an experienced car accident lawyer, you can take on your case with confidence. […]

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Can I Sue My Neighbor for an Injury on Their Property?

When you’ve been injured on a neighbor’s property, you might feel confused, upset, and unsure about what to do next.
You may wonder about your options if you’ve suffered an injury while visiting next door. The short answer is yes, you can sue your neighbor for an injury on their property, but there’s more to consider before taking that step.

When an injury occurs on a neighbor’s property, the question of legal recourse often arises. The ability to sue a neighbor for such an injury depends on several factors and involves understanding premises liability law.  Call a premises liability lawyer at Munley Law for a free consultation to review your legal options.

Why You Might Sue Your Neighbor for an Injury on Their Property

While suing a neighbor can be a difficult decision, there are several legitimate reasons why you might need to take this step if you’re injured on their property:

  • Medical Expenses: If you’ve incurred significant medical bills due to the injury, […]
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Oklahoma Truck Accident Lawyer

If your life has been altered by a collision involving a truck, turn to Munley Law’s Oklahoma truck accident lawyers and face the future with confidence. For almost seven decades, we’ve helped victims find justice and claim compensation so that they can focus on recovering. With $26 million, $20 million, and $11 million settlements, along with other multi-million-dollar settlements and verdicts under our belt, we’ve helped clients recover more than $1 billion in damages over the years.

Our firm has been awarded by Best Law Firms, while our truck crash attorneys have received numerous awards in recognition of their expertise. They’ve been named to various Top 10 and Top 100 lists by the likes of Best Lawyers, Lawdragon, Super Lawyers, and the National Trial Lawyers Association. In addition, three of our lawyers are board-certified in truck accident law by the National Board of Trial Advocacy.

Let the nation’s top-rated Oklahoma truck accident lawyers help you protect your right to recovery. […]

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Why Should You Always Keep Your Distance From a Large Truck?

You should maintain a safe distance from large trucks because their significant blind spots make it difficult for drivers to see nearby vehicles, especially directly behind or beside the truck. Trucks may need to make wide turns, so staying back reduces your risk of collision if the truck brakes suddenly or maneuvers. Additionally, trucks require much more stopping distance than regular passenger vehicles. If the truck comes to a sudden halt and you’re driving too closely, your car may run into the back of the truck, which can have devastating results for you and your passengers.

Motor vehicle crashes can happen any time, anywhere and sometimes, they are unavoidable. However, there are simple safety tips drivers Why Should You Always Keep Your Distance From a Large Truck?can use to remain as safe as possible while on the road. One of the main ways is to create a safe following distance between your motor vehicle and the vehicle in front (and behind!) of you – especially if it’s a larger vehicle like a truck! […]

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My Airbag Didn’t Go Off in a Car Accident. Can I Sue?

car accident in wilkes-barre paBeing in a car accident can be scary, especially when the safety features of your vehicle do not work the way they are supposed to. But what happens when you were in a car accident and your airbags didn’t go off and you suffered injuries. Can you sue?

In general, yes you can sue if your airbags didn’t deploy during a car accident. However, who you can sue depends on a variety of factors.

Munley Law Will Determine Why Your Airbags Did Not Deploy in a Car Accident

In 1998, the Intermodal Surface Transportation Efficiency Act of 1991 went into effect, requiring that all cars and light trucks sold in the United States to have air bags on both sides of the front seat.

Since then, all drivers have come to expect that when they are involved in a motor vehicle accident, […]

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Tamaqua Personal Injury Lawyer

If a car accident, workplace injury, truck accident, medical negligence, or other catastrophic injury has left you with medical bills and lost wages. In that case, you need a personal injury law firm with experience. The Tamaqua personalTamaqua Personal Injury Lawyer injury lawyers of Munley Law have decades of experience helping Schuylkill County residents with their most complex injury claims.

If you or a loved one were hurt in an accident and need legal advice, contact the Munley Law firm. We take on the insurance companies to ensure you get fair compensation for your injuries. Call the Tamaqua personal injury attorneys today.

Helping People in Schuylkill County and Beyond

Getting into an accident can cause physical, emotional, and financial hardships for the victim and their family. In some cases, these injuries can lead to long periods away from work, and in some cases, […]

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Can I Still Pursue Compensation If I Was Partially At-Fault for My Injuries?

The insurance system can be overwhelming after a car accident, especially when you are healing from injuries. As a no-fault state, Pennsylvania insurance policies generally make it a little easier to get your medical bills covered quickly regardless of who may have been at fault.

However, seeking compensation from another driver for injuries and damages can be complicated, depending on your insurance policy and the percentage of negligence you are responsible for. Partnering with an experienced car accident attorney will help you manage your claim and recover the most compensation available for you.

When Can I Seek Compensation from Another Driver?

Inspecting a car accident

When you can seek compensation from another driver depends on what kind of compensation you are seeking. In general, Pennsylvania’s no-fault system means that the average insurance policy does not allow you to seek compensation for medical bills or personal injuries sustained in an accident. […]

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What Is the Average Time for a Car Accident Settlement?

How Long Does a Car Accident Settlement Take?

car accident truck accidentAfter a car crash, you want to put it behind you, including the settlement. You may be asking “What is the average time for a car accident settlement?” However, every car accident is different, which is why there is no average time for a car accident settlement. Especially when you’re waiting for an insurance company to pay up.

The timeline for an auto accident settlement process depends on the facts of the case, the insurance companies included, and the severity of your injuries.

Typically, the settlement process can take weeks to months, and in some severe cases, years.  Don’t go it alone. A car accident attorney can help you through the process.

Remember, a settlement and a lawsuit are two different things. A fair settlement is reached before a court case or even during one. […]

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New York Car Accident Lawyer

Work with an Experienced New York Car Accident Attorney

Car AccidentIn New York state, there are an average of 1,098 traffic accident related deaths every year; in fact, car accidents are the leading cause of injury-related death for New Yorkers. Beyond that, more than 12,000 New Yorkers are hospitalized annually for injuries from traffic accidents; this means that 61.5 out of every 100,000 people in the state are hospitalized for this reason each year. Car accidents are a harrowing experience for anyone involved, and PTSD is a common result of experiencing a serious accident. The physical, mental, emotional, and financial toll of a car accident cannot be overstated.

The good news, however, is that you don’t have to go it alone. If you or a loved one has been in a car accident in New York, you may be overwhelmed by an endless stream of questions: Will my insurance cover this? […]

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Can a Passenger Sue Both Drivers?

Filing a Claim as a Passenger in a Car Accident

rear end car accidentIf you have been injured in a car accident, you probably have a lot of questions about your car accident case, and depending on the incident, one of them may be, “Can a passenger sue both drivers?”

When a car accident takes place, an investigation will occur to determine who is at fault. Insurance companies will review the data and police report and come to a determination. Sometimes, it is a single driver who is found to be negligent and at fault; perhaps they were driving drunk or made a reckless decision.

Let an experienced motor vehicle accident injury lawyer at Munley Law help answer your questions today with a free consultation.

When Multiple Drivers are Involved in a Collision

Other times, […]

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Hospital Negligence Lawyer

Whether you’ve been hurt in an accident, are receiving specialized treatment, or are sick, being in a hospital can be a stressful experience. We trust medical professionals to provide the best standard of care, yet hospital negligenceHospital Negligence Lawyer happens. Be it inadequate hospital staff, rushed doctors, or unsanitary conditions, if your hospital stay ends in more issues, you deserve justice. That’s where the hospital negligence lawyers of Munley Law come in.

For decades, our medical malpractice attorneys have fought for the fair treatment of the sick and injured. Allow our experienced attorneys to review your case and get you the compensation you deserve.

Call the hospital negligence lawyers of Munley Law today for a no-obligation, free consultation.

What Is Hospital Negligence?

Hospital negligence is a form of medical malpractice where a hospital employee–a nurse, doctor, […]

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York Slip And Fall Lawyer

York Slip And Fall LawyerAccidents can happen when we least expect them, even in an idyllic setting such as York, PA. One of the most common types of accidents is a slip and fall incident — not only can this type of accident come as a such, it can also lead to serious injuries.

The consequences of a slip and fall can be physically, emotionally, and financially devastating. Whether you’ve slipped and fallen on a wet floor in a store, an icy sidewalk, or a poorly maintained property, it’s essential to know your rights and seek the guidance of a dedicated York slip and fall attorney. Working with a premises liability attorney can increase your changes of securing financial compensation, and can also make an overwhelming process that much more manageable.

Don’t hesitate to contact us today to schedule a free consultation with an experienced slip and fall lawyer, […]

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Bensalem Pedestrian Accident Lawyer

Bensalem, rooted in Pennsylvania’s deep historical legacy and highlighted by landmarks like the Parx Casino and Penn Community Bank Amphitheater, has a unique blend of bustling urban life and respected cultural heritage. Yet, amidst its vibrant streets, pedestrian accidents do occur, changing the lives of victims and their families.

In such challenging times, a Bensalem, Pennsylvania pedestrian accident lawyer becomes crucial, offering expert guidance through the complex legal terrain of pedestrian injuries while having an understanding of Bensalem’s bustling intersections.

Why You Need a Bensalem Personal Injury Attorney

Bensalem Pedestrian Accident LawyerIn Bensalem, pedestrian accidents, while unfortunate, are a stark reality. According to the National Highway Traffic Safety Administration (NHTSA), in 2022 “while fatalities overall declined, fatalities amongst cyclists and pedestrians continued to rise.” Pedestrian accidents often involve complex factors such as negligent drivers, pedestrian behavior, road conditions, and traffic signals. Given the intricacies, […]

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Bensalem Catastrophic Injury Lawyer

The journey towards securing justice and fair compensation after a catastrophic injury is both distinctive and challenging, which is why it is in your best interest to partner with the Bensalem catastrophic injury lawyers at Munley Law. We offer a free case evaluation to new clients where you will speak with an experienced catastrophic injury attorney who will guide you through the legal process and work to ensure you recover the compensation you deserve.

Understanding the Nature of a Catastrophic Injury

Bensalem catastrophic injury lawyerWhen it comes to personal injuries, not all are created equal. Some are so severe that they drastically change the course of a person’s life, which brings us to the realm of catastrophic injuries.

Definition and explanation of a catastrophic injury

A catastrophic injury typically refers to injuries that have life-altering consequences and prevent individuals from performing any gainful work. […]

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Iowa Truck Accident Lawyer

Iowa’s location in the Midwest is a key hub for the trucking industry, with major routes converging around DesIowa Truck Accident Lawyer Moines. Key products moved by trucks in Iowa include tractors, corn, pork, herbicides, and aircraft parts.

The state of Iowa’s significant trucking activity on the limited interstate highways, such as I-80 and I-35, can lead to deadly accidents. If you or a loved one has been involved in a motor vehicle accident, it’s important to consult with an experienced Iowa truck accident lawyer to ensure your rights are protected.

What Makes Truck Accident Cases so Complex?

Truck accident cases are inherently complex due to the numerous factors involved.

Multiple Parties Involved

Truck crashes are complicated because they often involve several parties. In a car accident, it’s usually just the car drivers. But in a semi-truck accident, you might have the truck driver, […]

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Can Medical Malpractice Cause a Stroke?

Understanding Strokes: Types, Causes, Treatments, and Medical Malpractice

Can medical malpractice cause a strokeStrokes are critical medical emergencies that require swift and accurate treatment to avoid lasting damage. We will examine various stroke types, their causes, available treatments, and the impact of medical malpractice.

Types of Strokes

Delays in treatment can result in permanent disability or death. Stroke symptoms are not unique and can mimic other health issues, leading to potential misdiagnosis of stroke. Common signs of a stroke include:

  • Weakness or numbness, particularly on one side of the body
  • Paralysis
  • Tingling in the arms or legs
  • Sudden loss of leg strength
  • Severe headache
  • Loss of balance or coordination
  • Slurred speech
  • Inability to speak or understand speech
  • Vision changes, such as blurred or double vision
  • Dizziness
  • Fainting
  • Loss of vision
  • Death

Strokes can vary in severity from mild to life-threatening, […]

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How Do I Fix a Police Report if It Is Wrong?

The details in a police report can shape how your car accident case unfolds. If you spot any mistakes, don’t hesitate to speak up. Your quick action to fix errors could make a big difference in your claim or lawsuit.

What Is a Police Report?

How do I fix a police report if it is wrong?Accurate and comprehensive police reports are essential following a car accident. These reports are critical evidence in insurance claims, personal injury lawsuits, and other legal matters. However, errors in these reports can significantly impact the outcome of your case.

Police crash reports contain vital information about the accident, such as the names and contact information of the parties involved, insurance policy numbers, and details about the scene of the accident and how it occurred. Typically, an incident report includes:

  • Weather conditions and visibility on the day
  • The time and date of the accident
  • Details of the involved drivers (addresses, […]
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