Defendant

What is a Defendant?

In civil or criminal law, a defendant is an individual being sued or accused of committing a crime.

What is a Defendant?

What is a Defendant?

 According to Black’s Law Dictionary, a defendant is “A person against whom relief or recovery is sought in an action or suit.” As such, in criminal cases, defendants are charged with offenses by the government or state, while in civil cases, they are typically sued by plaintiffs seeking compensation or other legal remedies. The role of a defendant is to defend themselves against the accusations brought forth by the prosecution or plaintiff. For example, in insurance law, a defendant would be the person who caused an injury, such as hurting someone in a car accident, along with their insurance company.

In legal contexts, defendants enjoy certain rights, such as the right to a fair trial, the right to legal representation, and the right to present a defense. These rights ensure that the legal process remains just and balanced. For instance, in criminal cases, defendants are presumed innocent until proven guilty beyond a reasonable doubt. This presumption places the burden of proof on the prosecution to demonstrate the defendant’s guilt.

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Lancaster Wrongful Death Lawyer

Lancaster, Pennsylvania, is a city steeped in history and vibrant culture, with streets like Queen Street and King Street that resonate with the echoes of the past. Local attractions such as the Lancaster Central Market and the Fulton Theatre contribute to the city’s unique charm.

Lancaster Wrongful Death LawyerBut even in a place filled with such life and tradition, a tragic loss can occur in the form of wrongful death. Under Pennsylvania law, a wrongful death occurs when a loved one’s death is caused by someone else’s negligent actions. That other person is called the at-fault party and a family member can file a wrongful death action for financial compensation.

At Munley Law, we understand the profound impact of wrongful death on the surviving family members in Lancaster County. With a deep commitment to the people of Lancaster and years of successful experience handling wrongful death suits, […]

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Williamsport Medical Malpractice Lawyer

If you or a loved one have suffered due to medical negligence in Pennsylvania, you have undoubtedly been through an incredibly taxing and overwhelming experience. Here at Munley Law, we believe that every victim who has been harmed or injured at the hands of a physician has a right to justice. You can trust Munley to provide compassionate and relentless representation as you navigate your personal injury case.

Williamsport Pennsylvania Medical Malpractice LawyerOur attorneys are renowned for their in-depth understanding of the complexities of medical malpractice cases, and are considered some of the leading lawyers in medical personal injury cases. What’s more, we have a proven track record of securing substantial compensation for our clients in Williamsport, PA and around the country.

At Munley Law, we are committed to holding negligent doctors accountable and ensuring that justice is served. With our unwavering dedication and proven track record, […]

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Mississippi Truck Accident Lawyer

If you were in a truck or tractor trailer accident in Mississippi, call Munley Law Personal Injury Attorneys for a free consultation

Mississippi leads the country in motor-vehicle deaths per capita with 26.27 accident-related deaths for every 100,000 residents, which is nearly double the national average and which makes Mississippi America’s deadliest state to operate a motor-vehicle according to the United States Centers for Disease Control and Prevention (CDC). Many of the hundreds of deadly accidents involve large commercial trucks, whose massive sizes, weights, and cargo loads amplify the damage, injuries, and deaths.

If you or a loved one suffered an accident involving a commercial semi-truck in Mississippi, contact an experienced truck accident lawyer at Munley Law Personal Injury Attorneys today. For over sixty years, our award-winning attorneys have been fighting to win big settlements for truck accident victims. We recently negotiated a $26 million settlement for our client who suffered serious injuries from a collision involving a tractor-trailer. […]

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North Carolina Truck Accident Lawyers

If you’ve been in a crash in North Carolina involving a large truck, the first thing you should do is to get any necessary medical care, even if your injuries seem minor. Next, call an injury lawyer with the experience and resources to take on a major transportation company. You need a truck accident lawyer who can intervene on your behalf and protect your rights.

Having an experienced, knowledgeable truck accident attorney on your side is the best way to ensure you will be properly compensated for your medical bills, long-term therapy, lost wages, pain and suffering, and other damages you’ve experienced due to the accident. Start by calling Munley Law Personal Injury Attorneys for a free, no-obligation consultation. We will review the details of your case at no charge, and help you determine what to do next. Call, chat live, or submit our contact form today. […]

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How Much is a Slip and Fall Lawsuit Worth?

Slip and fall accidents are among the most common types of accidents that occur in various settings, from public places to private properties. While slip and fall accidents may seem minor at first, they can lead to serious injuries and have long-term consequences for the victims. Understanding the causes, consequences, and legal implications of slip and fall accidents is crucial for both individuals and establishments.

When it comes to slip and fall accidents, victims often wonder about the potential worth of their settlement. The value of a slip and fall settlement varies based on numerous factors, including the extent of the injuries, medical expenses, loss of income, and other damages suffered by the victim. While it is challenging to provide an exact figure, understanding the factors that influence the value of a slip and fall settlement can help victims have realistic expectations and seek fair compensation for their injuries

How a Slip and Fall Lawsuit Settlement is Calculated

hazleton slip and fall lawyerSlip and fall accidents can result in significant injuries, […]

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What is Strict Liability Law?

How Does Strict Liability Affect My Personal Injury Claim?

There are many personal injury cases that benefit from the strict liability law doctrine, also known as liability law. When the strict liability law doctrine is applicable, victims can seek out a personal injury claim without the emotionally exhausting task of establishing the responsible person(s) or company‘s proof of negligence, intention, or carelessness. Strict liability law only demands the evidence that shows harm or danger was inflicted upon the party seeking compensation, and that the accused committed it.

If you think that you have a personal injury case, or should you have questions about filing your case, contact a personal injury lawyer at Munley Law for a free consultation – we have over 60 years of experience, a successful track record, the resources, the knowledge, and the nationally recognized team to get you the compensation that you are entitled to. […]

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What You Should Know About Going to Court After a Truck Accident

How to Prepare For Trial When a Truck Accident Settlement Cannot Be Reached

Not all truck settlement cases reach a settlement outside of court. When negotiations are unworkable, and a settlement agreement cannot be reached, you need an experienced personal injury lawyer with a successful track record, and who is prepared to go to trial. Alternatively, if you are satisfied with the settlement offer, and if you are not willing to withstand the delay of a trial, you may wish to refrain from going to court with your case. At the end of the day, complex truck accident cases are best dealt with when an experienced truck accident lawyer is by your side.

With over 60 years of experience, Munley Law has earned a national reputation for our significant verdicts and settlements and for our expertise in the most complex areas of personal injury law — we have all the resources and preparedness to fight for you. […]

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How Can a Truck Accident Lawyer Help?

Why Do I Need a Truck Accident Lawyer After an Accident?

Dealing with the aftermath of a truck accident in Pennsylvania can be frustrating, stressful, and devastating. Faced with medical expenses, pain and sufferings, and lost wages, the road to recovery may seem long and hard for both you and your family. What you need is an experienced truck accident lawyer to help you receive the maximum amount of compensation for your losses, in a timely manner, so you and your family can start the healing process.

But how can a truck accident lawyer help your claim and why do you need one? Let’s explain.

A Truck Accident Lawyer Can Help With Deadlines and Evidence

Attorney Chris MunleyTimeliness is critical when establishing liability and the best possible financial compensation that you are entitled to. Reputable truck accident lawyers understand that timing is crucial to ensure a fair, […]

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Should I Accept the Insurance Company’s Offer After a Truck Accident?

Should I Take the Insurance Company’s Settlement?

Truck accidents are complex, multi-faceted, traumatic, and emotionally draining events for all parties involved — especially truck accident victims. If you or your loved one has fallen victim to such a devastating occurrence, there is evidence to scrutinize, truck logs to detail, mechanical efficacies to validate, and liability to determine.

Big trucking companies have built-in insurance company representatives who are trained to empathize and to negotiate an early settlement offer with you. You are likely to endure more injuries and expenses than you originally thought, and once you formally agree and accept an insurance settlement offer, you cannot later act on second thoughts; further negotiations are considered off the table.

This all leads to why you should never be hasty to accept an initial offer that an insurance company makes — the best way to protect your rights after a truck accident is to make sure you don’t speak with the insurance company until you first speak with an experienced truck accident lawyer at Munley Law Personal Injury Attorneys who will defend your rights and ensure that you are fairly compensated. […]

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Commercial Vehicle Accident Lawyer

Have you or a loved one been injured in a commercial vehicle accident? The truck accident lawyers at Munley Law Personal Injury Attorneys are here to help.

FedEx truck accidentBeing involved in any type of accident can be catastrophic to the victim and their family. However, when a commercial vehicle crash leaves you injured and unable to work, resulting in piling medical bills, you need a law firm that can help you recoup your losses and hold the at-fault party accountable.

At Munley Law Personal Injury Attorneys, our personal injury lawyers work with you to recover lost wages, medical bills, property damage, and more. To set up a consultation with our legal team, contact the commercial vehicle accident lawyers at Munley Law Personal Injury Attorneys by calling844-686-5397 or connecting with us online.

What Is a Commercial Vehicle Accident?

Commercial vehicle accidents are those collisions that involve commercial transport. […]

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Your Guide to Filing a Lawsuit

Munley Law Personal Injury Attorneys Personal Injury Lawyers’ Guide to Filing a Lawsuit

If a company or person has acted in negligence and caused you serious injury, you may file a lawsuit in order to obtain financial compensation from the at-fault party. But filing a lawsuit can be a challenging task. Any slight mistake can cost you the compensation that you deserve or cause further damages. That’s why you need the proper guidance and an experienced team of attorneys. 

Below, we will explain what it means to file a personal injury lawsuit and how to increase your chances of winning.

What does it mean to file a lawsuit?

filing a lawsuit personal injury lawyersA lawsuit is a formal legal case that you or your lawyer files with the court. Filing a lawsuit involves telling the court that the defendant acted negligently and hurt you (the plaintiff). […]

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What is Summary Judgment?

Understanding motions for summary judgment…and how to win them

If you sued a defendant for your injuries or other damages, then you can expect certain legal responses and defenses. While every case is unique, some stages of litigation come up in nearly every lawsuit. Summary judgment is one of those phases. Understanding what summary judgment is and how handle it is key to winning big in your case. As a result, our experienced trial lawyers define summary judgment and provide a guide to using this legal step to maximize your compensation payout.

To discuss the details of your lawsuit for FREE, schedule a consultation with an award-winning Munley Law Personal Injury Attorneys litigator today.

Motions for summary judgment: what they are and what do they do

In order to fully grasp motions for summary judgment, you must have a basic understanding of how lawsuits work. […]

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Can You Sue Uber for Accident Injuries?

Uber and Lyft crashes: Can rideshare passengers sue?

If you were a passenger in a car or SUV that crashed, you may be wondering if you can sue Uber for your accident injuries. The nation’s #1 crash lawyers explain.

Last year, more than 5 million Uber driver took Americans on 6.9 billion trips. As such, the rideshare app brought in an annual net revenue of 14.1 billion. Lyft finished out the year with 23 million active users and 3.6 billion in revenue. In many ways, these innovative apps positively change how we think about transportation and the gig economy. At the very least, they alter how many of us get from Point A to Point B.

However, rideshare apps like Uber and Lyft also contribute to a growing danger in the United States. According to researchers at the Massachusetts Institute of Technology (MIT), […]

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Who is to blame? Potential defendants in a truck case

In a truck accident case, who can be held responsible?

If you were hurt in an accident that involved a semi-truck, tractor-trailer, dump truck, big rig, garbage truck, or another large commercial vehicle, you may be wondering whether you can file a lawsuit and who you should sue.

To determine exactly which parties are appropriate to name as defendants in your case, you should consult with an experienced truck accident lawyer about the specific details of your accident and injuries. A lawyer will examine the facts of your case and identify all possible sources of recovery – including some you might not be aware of.

The following are common defendants for claims involving catastrophic truck accidents:

 

  • Truck Drivers – If a truck driver was at fault for the accident that caused your injuries, […]

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Truck Accidents and Expert Witnesses

injury lawyers dan munley bob munley

Expert Witnesses in Truck Accident Cases: FAQ

 When you have a personal injury case involving a commercial truck, the stakes are high. Truck accident cases depend on highly specialized information including industry regulations, truck mechanics, and the long-term medical and economic impacts of your crash. To build a winning case, you will need the testimony of reliable witnesses, so it is essential that you have a lawyer who can bring in the right witnesses.

Who May Testify in Court As a Witness?

Not everyone has the right to come to court and testify in a truck accident case.  In order to take the stand and answer questions before a jury during a live court proceeding, a person must qualify to give testimony as a fact witness or an expert witness.

As their name suggests, fact witnesses may testify about events that they observed firsthand. […]

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Bloomsburg Car Accident Lawyer

drugged driving car accident

Have you been injured in a car accident in Bloomsburg? Contact a car accident lawyer at Munley Law Personal Injury Attorneys today for a FREE consultation.

When you or your loved one have been injured in a car accident in the Bloomsburg area, your choice of legal representation matters. The car accident attorneys at Munley Law Personal Injury Attorneys have a long history of winning cases. Our lawyers have earned national recognition for their success, and have been named among the Best Lawyers in America (via Best Lawyers), Pennsylvania Super Lawyers, and the nation’s Best Law Firms (U.S. News and World Report).

For more than 60 years, the car accident attorneys at Munley Law Personal Injury Attorneys have been handling auto accident claims for injured victims and their families in Columbia County and beyond. […]

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The next IVC filter case goes to trial this week

Next IVC filter trial begins this week

The third bellwether trial involving C.R. Bard IVC filters began Tuesday, September 18 in Phoenix, AZ.   

Of the more than 9,000 lawsuits alleging that IVC filters have caused patients serious harm, C.R. Bard Inc. and Cook Medical Inc. face the largest number of cases, with about 4,000 each. 

Thus far, the first cases to go to trial have yet to yield a clear victor; there have been wins and losses on both sides, so it is difficult to say how this next trial will end. Cook won the first IVC filter trial last year, but then lost two substantial monetary verdicts in May 2017 and March 2018. Cook’s last win occurred on June 1st.

In Tuesday’s trial, a federal judge will oversee the multi-district litigation over C.R. Bard’s IVC filters. The plaintiff’s attorney, Ramon Lopez was quoted as saying this case could be “ […]

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Family of Marine killed in truck crash receives $8M settlement

Representing the Stevens family has been one of the greatest honors of our careers. It has been our privilege to advocate on their behalf and bring this case to a just resolution.  Read more about the case below.

On Monday, the truck accident lawyers at Munley Law Personal Injury Attorneys reached an $8 million settlement in a case stemming from a deadly truck accident in Susquehanna County. The crash claimed the life of 27-year-old Staff Sergeant Andrew Stevens.  Stevens was an active duty Marine and the father of two young boys. He served multiple tours in Iraq and Afghanistan and was in town for his sister’s wedding. His wife Katherine Stevens was represented by Marion Munley, Robert W. Munley, III, and Caroline Munley. The case was scheduled for trial this week before the Honorable John Jones of the United States District Court for the Middle District of Pennsylvania. […]

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Munley Law Personal Injury Attorneys settles truck accident case for $1.7 million

john mulcaheyMulcahey and Munley Obtain Justice for Victim in Truck Accident Case

Munley Law Personal Injury Attorneys has reached a $1.7 million settlement in a truck accident case stemming from a Bradford County truck crash in 2015. Truck accident lawyers John Mulcahey and Caroline Munley represented plaintiff Todd Williams of Oklahoma, who was severely injured in the crash.

On January 16, 2015, at approximately 10 a.m., Williams was traveling westbound on State Route 467 in Orwell Township, PA.  Defendant Donald Nealis was traveling eastbound, driving a truck owned by his employer, Northeast Builder and Design, Inc. Nealis crossed into the westbound lane of travel, hitting Williams head-on. Williams suffered traumatic brain injury, multiple broken bones, and other serious injuries.

Attorney John Mulcahey notes that this settlement holds Nealis and his employer, Northeast Builder and Design, Inc., accountable for the reckless and negligent conduct that led to this crash. […]

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Munley Law Personal Injury Attorneys Reaches $1.9 Million Truck Accident Settlement

truck

Munley Law Personal Injury Attorneys recently announced a $1.9 million settlement in a case stemming from a tractor trailer accident in 2013. Attorneys Marion Munley, Bob Munley, and Caroline Munley represented plaintiffs Michael Holder, Jr. and Heather Williams whose father Michael Karl Holder was killed in the accident.

On April 10, 2013, at approximately 3:00 a.m., defendant Wilfredo Suarez was driving west on Interstate 80 when at least one tire on his trailer blew out. An electrical system malfunction, due to poor maintenance, caused all of the trailer’s lights to fail. Suarez turned the vehicle around and began traveling east on I-80 at a rate of 12-18 miles per hour, with flat tires and no lights, posing a serious risk to other drivers.

Michael Karl Holder was traveling east on I-80 in Wolf Creek Township, Mercer County, PA, at approximately 3:30 a.m. when he encountered the defendant. […]

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