Negligence

What is Negligence?

Negligence is the failure to use a reasonable degree of care given the circumstances. The four elements of negligence are a duty owed to a plaintiff, a breach of that duty by the defendant, proximate cause, and injury or damage suffered by the plaintiff. It is essentially carelessness.

According to Black’s Law Dictionary, negligence is defined as “the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.” As such, negligence refers to a failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances. It forms the basis of many personal injury claims and lawsuits, where a plaintiff alleges that their injuries or damages were caused by the negligent actions or omissions of another party.

Key elements of negligence include:

  • Duty of care: The legal obligation of an individual or entity to exercise reasonable care to avoid causing harm to others. This duty may arise from professional relationships, ownership of property, or other circumstances.
  • Breach of duty: A failure to fulfill the duty of care by acting or failing to act in a way that deviates from what a reasonably prudent person would do.
  • Causation: The link between the defendant’s breach of duty and the plaintiff’s injuries or damages. It must be shown that the defendant’s actions or omissions directly caused harm to the plaintiff.
  • Damages: Actual harm or losses suffered by the plaintiff as a result of the defendant’s negligent conduct, which may include physical injuries, emotional distress, property damage, or financial losses.

Legal principles related to negligence aim to compensate injured parties for their losses and encourage individuals and businesses to act responsibly to prevent foreseeable harm. For example, if your landlord doesn’t fix a rickety set of steps you let him to, and you fall through the steps a week later, the landlord is negligent in his duty of care. Understanding the elements of negligence is essential in personal injury cases and other legal disputes where liability is based on the failure to exercise reasonable care under specific circumstance

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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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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 Long After a Car Accident Can You Sue in Pennsylvania?

In Pennsylvania, you generally have two years to file a lawsuit if you’re involved in a car accident and considering seeking damages. This means that after two years, you may lose the right to sue for your car accident case, so actingHow Long After a Car Accident Can You Sue in Pennsylvania? within this period is essential to make sure your case is heard.

At Munley Law Personal Injury Attorneys, we specialize in personal injury cases, including those resulting from car accidents. Our seasoned car accident attorneys are adept at handling these tough cases and work hard to get you the compensation and justice you deserve.

Munley Law provides comprehensive support, guiding you through every step of the legal process to make it more understandable and less overwhelming. Our expertise and dedication help accident victims confidently face the legal system, ensuring their rights are protected, and their voices are heard.

What Is the Statute of Limitations on Car Accident Lawsuits in Pennsylvania? […]

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Chambersburg Personal Injury Lawyer

Have you or a loved one suffered an injury in Chambersburg, PA? Facing the recovery from an injury can beChambersburg Personal Injury Lawyer overwhelming, but you don’t have to face it alone. Turn to Munley Law, where our team of Chambersburg personal injury attorneys is ready to fight to ensure that those responsible for your injuries, pain and suffering are held accountable. Our expert attorneys specialize in every field of personal injury law, including car accidents, truck accidents, construction accidents, workers’ compensation claims, motorcycle accidents, and more.

Let Munley Law protect your rights and pursue the justice and compensation you deserve. Contact our Chambersburg team today to discover how our experience and commitment can make a difference in your case.

Why Should I Hire a Personal Injury Lawyer After an Accident in Chambersburg?

A personal injury lawyer can help you get the maximum compensation for your personal injury claim. […]

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An Insurance Adjuster Calls After Your Car Accident. What Should You Do?

How to Interact with Insurance Adjusters After a Car Accident

If you or a loved one have been in a car accident, your main focus should be on caring for and recuperating from injuries and the trauma that has been endured. Insurance claim adjusters often prey upon victims’ vulnerability by trying to negotiate early settlements, and by getting the injury victim to make statements that can infringe upon how much you are truly entitled to. At this time, thinking about recovering compensation from insurance companies may seem stressful and the last thing that you want to worry about; a car accident lawyer can alleviate these stresses. You need an experienced car accident lawyer that has a proven track record.

For over 60 years, the award-winning personal injury lawyers at Munley Law have fought for the rights of accident victims throughout Pennsylvania. If you or someone you love has been injured in a car crash, […]

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Erie Motorcycle Accident Lawyer

Motorcycle accidents can often result in catastrophic injuries. These vulnerable road users are 28 times more likely to be killed in a motor vehicle accident compared to other drivers and four times as likely to sustain an injury. Due to the size of a motorcycle compared to a standard passenger vehicle, these accidents often result in severe injuries, hefty medical bills, and mental anguish for the rider and their family. An Erie motorcycle accident lawyer will be needed to help you regain compensation for your injuries.

Motorcycle accident victims need protection. This is where Munley Law comes in. For decades, we have represented victims and their families in the most complex personal injury claims. Let us do the same for you. Call today to speak with one of our Erie motorcycle accident lawyers.

What Are the Common Motorcycle Accident Injuries?

Erie Motorcycle Accident LawyerDue to the size and weight differences of most cars and trucks on the roadways compared to a motorcycle, […]

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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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Erie Pedestrian Accident Lawyer

Pedestrian accidents can be harrowing. When a vehicle collides with an unprotected pedestrian, the pedestrian is at a higher risk of serious injury. Common injuries from these accidents include broken bones, spinal cord injuries, and, in the worst of cases, even wrongful death. If you or a family member has endured an accident of this nature, or if you’ve experienced the absolute tragedy of having a family member killed in a pedestrian accident, it’s important to remember that you have rights. Working with an experienced Erie pedestrian accident lawyer who can assist you in seeking compensation and holding the at-fault party (or at-fault parties) responsible is almost always your best path forward.

Should I Hire a Pedestrian Accident Attorney in Erie, PA?

Erie Pedestrian Accident LawyerIf you or a loved one has sustained pedestrian accident injuries, you may be wondering whether you need to work with a lawyer. […]

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Erie Lyft Accident Lawyer

Logging into the Lyft app to get a ride home has become a convenient and safer way for residents and visitors of Erie to get to and from their destinations. However, the increased use of rideshare programs like Lyft and Uber have also caused an increase in Lyft accidents. If you or a loved one were injured in a rideshare vehicle or involved in a collision with a rideshare driver, call the Erie Lyft accident lawyers of Munley Law.

Our rideshare accident attorneys can help you navigate the claims process when you are involved in a wreck with a Lyft driver.

Why Do You Need a Lyft Accident Attorney?

Erie Lyft Accident LawyerLike any personal injury claim, you never have to hire an attorney. However, going through the legal process alone can prevent you from getting the compensation you need for your injuries. […]

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Lowboy Truck Accident Lawyer

Were You Injured in an Accident With a Lowboy Truck? We’re Here to Help

Lowboy trucks are often carrying heavy loads, and accidents involving these types of rigs can be particularly devastating. Although things can go wrong in any type of trucking accident, there are a few specific outcomes that drivers should be aware of in a lowboy truck accident. Some of these scenarios include limited visibility because of the trailer, reduced brake responsivity due to the inertia of the trailer, and the possibility of the trailer detaching in a crash.

Collisions with lowboy trucks can be messy to navigate. In a regular, non-commercial crash, the relevant parties include the motorists and their respective insurance companies. As lowboy truck accidents are commercial in nature, the employer of the truck driver will be an additional party involved in the claims process.

If you or a loved one was injured in a lowboy truck accident, […]

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Erie Uber Accident Lawyer

Residents and visitors enjoy the waterfront activities and attractions that Erie, PA, offers, and many frequently utilize rideshare services like Uber. Unfortunately, that increase in use has also led to more Uber accidents. If you or a loved one were injured in a rideshare car accident, an Erie Uber accident lawyer from Munley Law can guide you through the legal process.

Why Do You Need an Uber Accident Lawyer in Erie, PA?

Erie Uber Accident LawyerYou never have to hire an attorney for a car accident; however, when it comes to wrecks with rideshare vehicles, it can be beneficial to work with an attorney.

The most complicated part of an Uber accident is knowing what insurance coverage applies to you. Further, there is the question of who was involved during the crash and why it occurred. Of course, there are also general car accident concerns such as injury severity, […]

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What Are the Common Types of Truck Accidents in Williamsport, PA?

Truck accidents are a significant safety concern in Williamsport, PA, for both motorists and pedestrians. Given the area’s commercial activity and frequently traveled roads, the likelihood of accidents involving large trucks has increased. If you get into a trucking accident in Lycoming County, you’ll need a Williamsport truck accident lawyer to help with the claim.

What Causes Truck Accidents in Williamsport, PA?

The Williamsport truck accident attorneys at Munley Law are expertsTruck accidents in Williamsport, PA, can be attributed to various factors, each presenting its own set of risks to road safety. Some of the most common causes of truck crashes include:

Distracted Driving

Truck drivers may become distracted by texting, adjusting GPS devices, or eating while operating their vehicles. Even for a few seconds, these distractions divert their attention from the road, increasing the risk of collisions and severe injuries due to delayed reactions or failure to notice hazards. […]

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Should I Call A Car Accident Lawyer After a Car Accident in Williamsport?

Call a Williamsport car accident lawyer immediately if you are involved in a car accident. Victims often wait to call an experienced Williamsport car accident attorney once they realize the insurance settlement offer is insufficient to cover their damages. By being proactive and calling a PA car accident lawyer before meeting with the insurance company, you’ll be a step ahead in seeking the compensation you need to move forward.

If you were in a car accident, call the Williamsport car accident lawyers of Munley Law today.

Why Work With a Williamsport Car Accident Lawyer?

The Williamsport car accident lawyers at Munley Law can help you are in an accident.You are never required to seek legal representation for a car accident. However, if you or your passenger suffered severe injuries, there are benefits to working with a Williamsport car accident lawyer.

An Experienced Car Accident Lawyer Will Establish Negligence

Determining who was at fault for the car crash will be the priority of your car accident lawyer. […]

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Williamsport Garbage Truck Accident Lawyer

Williamsport garbage trucks routinely travel the neighborhood streets, collecting waste and ensuring the landscape remains pleasant for residents and visitors. Unfortunately, when these garbage trucks are involved in accidents, it often leads to substantial damage and raises several legal complexities. From determining who is the liable party to dealing with insurance claims, there are essential steps to take in the event of this type of serious accident. Our Williamsport truck accident lawyers are ready to help if you’ve been in a garbage truck accident.

What Does a Garbage Truck Accident Attorney Do?

In an accident involving a garbage truck that results in injury, you may have grounds to seek compensation for various losses, such as medical bills, pain and suffering, lost wages, and more. Seeking this compensation can be a real challenge in these types of cases, and that’s where experienced garbage truck accident lawyers come in. […]

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How Does a Williamsport Truck Accident Lawyer Investigate Your Trucking Accident?

Investigating truck accidents is far from a simple process. These inquiries require a deep grasp of commercial trucking operations, federal regulations, and local laws. One of the things that separates truck accidents from other motor vehicle collisions is the matter of liability or who is responsible for the incident. In a truck accident, liability can extend to various parties, including the truck driver, the trucking company, vendors, or even cargo loaders. To determine who is responsible for your accident, an experienced Williamsport truck accident lawyer will be needed to investigate the crash.

What Are the Causes of Most Truck Accidents in Williamsport?

If you were involved in a Williamsport, truck accident you need a Williamsport Truck Accident Lawyer like Munley LawThe causes of most truck accidents in Williamsport can vary, but some of the most common factors include:

Driver Error

Driver error includes a range of behaviors such as speeding, distracted driving, driver fatigue, or driving under the influence of drugs or alcohol. […]

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How is Pain and Suffering Calculated in Williamsport, PA?

In Williamsport, Pennsylvania, and across the country, personal injury law plays a critical role in seeking justice for those who have been harmed due to the negligence or wrongdoing of others. One of the most complex aspects of these claims is understanding how pain and suffering damages are calculated.

What is Pain and Suffering?

Personal injury attorney in Williamsport, PA

Pain and suffering is a legal term used to define the physical and emotional anguish experienced by a person due to an injury. It’s a complex aspect of personal injury claims in Pennsylvania and falls under non-economic damages – which signifies intangible losses that have a definitive monetary value.

Physical pain can stem from the immediate injury and any necessary medical treatments. At the same time, emotional suffering can arise from the trauma of the event and the ongoing impact on the individual’s quality of life. […]

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Williamsport Drowsy Driving Accident Lawyer

Drowsy or fatigued driving, a peril often underestimated, can transform routine commutes into life-altering events, leaving individuals and families grappling with unforeseen consequences. If you or a loved one has been in a car accident as a result drowsy or sleepy driver, our Williamsport drowsy driving accident lawyers at Munley Law are ready to assist.

This form of impaired driving, resulting from inadequate sleep, extended hours of wakefulness, or disorders like sleep apnea, significantly diminishes a driver’s alertness, decision-making ability, and reaction time. Just like alcohol or drug impairment, drowsiness can lead to a loss of concentration, slower reflexes, and compromised judgment, making the simple act of driving home or to work perilous.

Understanding the Dangers of Drowsy Driving Williamsport Drowsy Driving Accident Attorneys

Alarmingly, according to the National Sleep Foundation, “estimates suggest motor vehicle crashes related to drowsy driving account for roughly 20% of all motor vehicle crashes.” […]

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How Long Do Most Williamsport Personal Injury Claims Take?

If you’ve been injured due to the negligence of another party in Williamsport, you might be wondering about the duration of your personal injury claim.

Filing a personal injury lawsuit may seem overwhelming, but understanding the steps involved can provide some clarity and ease your worries. Remember, every case is unique, and the time required can vary greatly depending on several factors. ​It’s always best to speak with an experienced Williamsport personal injury lawyer to learn what your options are.

What Is a Personal Injury Claim?

A personal injury claim is a legal avenue sought by an individual, known as the plaintiff, who has suffered harm as a result of the negligent or intentional actions of another party. The whole point of filing this claim is to regain what you’ve lost because of your injury. We’re talking about covering your medical bills, […]

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Erb’s Palsy Lawyer

Fight for Your Child’s Future with an Erb’s Palsy Attorney

Welcoming your newborn into the world should be a joyful experience. However, when you receive an Erb’s palsy diagnosis, your joy quickly turns to overwhelming worry. A thousand questions start swirling in your head: What caused my child’s injury? Was this medical negligence? Can it be fixed? Where do we even begin?

Enter the experienced Erb’s palsy attorneys at Munley Law. We understand the emotional and legal complexities of your child’s birth injury. We’ve helped countless families secure resources and financial compensation after their child developed Erb’s palsy.

Call today for a free case evaluation with a compassionate birth injury lawyer who will guide you through the legal process and outline all your options.

What Is Erb’s Palsy?

Erbs palsy lawyerErb’s palsy is a birth injury impacting a newborn’s arm and shoulder. […]

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How to Determine Fault in a Williamsport Car Collision

Car collisions still happen frequently enough that questions about liability determination arise almost daily. Understanding Pennsylvania’s traffic laws as well as liability rules involved with car accidents becomes paramount to successfully proceeding with legal proceedings.

Our Williamsport car accident lawyers can provide essential support during times of distress and uncertainty following a car collision in Williamsport. Their local knowledge and legal expertise make them particularly helpful during such trying experiences.

Understanding Pennsylvania Car Accident Laws

Williamsport car collisionNavigating the aftermath of a car collision in Pennsylvania requires knowledge of state traffic laws that play an integral part in establishing blame and legal proceedings. Pennsylvania utilizes no-fault and traditional tort systems, making establishing fault a complex yet essential process.

Under a “no-fault” system, drivers must purchase personal auto insurance to cover medical expenses and out-of-pocket losses regardless of who caused an accident. […]

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