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?
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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Munley Law Personal Injury Attorneys Reaches $1.9 Million Truck Accident Settlement
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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Munley Gets 2nd Highest Settlement in PA
We are pleased to announce that a case we settled earlier this year was one of the top 25 highest settlements in the U.S. in 2015, according to a list published annually by the National Law Journal. It was also the 2nd highest settlement reached in Pennsylvania this year. Check out the digital version here.
In May, 2015, Munley Law Personal Injury Attorneys reached a $3.97 million settlement on behalf of the family of Mark Kowalski, a truck driver who was killed in a tractor trailer accident in 2011. It is our hope that this settlement will bring some security to the Kowalski family, and will put pressure on the trucking industry to improve safety measures to prevent such accidents.
Mr. Kowalski, from New York state, was traveling east on I-80 in Columbia County, PA, when he encountered defendant Patrick Webb, […]
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Munley Law Personal Injury Attorneys Reaches $3.97 Million Settlement in Tractor Trailer Case
(May 2015 – Scranton, PA) – Munley Law Personal Injury Attorneys today announced a $3.97 million settlement in a case stemming from a tractor trailer accident in January, 2011. Plaintiff, Allison Kowalski, whose husband, Mark Kowalski, was killed, was represented by Attorneys Daniel Munley and Marion Munley of the Munley firm.
Mr. Kowalski, from New York state, was traveling east on I-80 in Columbia County, PA, when he encountered defendant Patrick Webb, a Texas truck driver who was also traveling eastbound on I-80. Webb was driving for PBM, a Texas trucking company. The trailer he was hauling was leased to PBM by Republic National Industries of Texas.
Webb lost control of his rig on the snow-covered highway, and his tractor slid off of the road and into the median. Kowalski, who was traveling behind Webb, was unable to avoid a collision with Webb’s trailer which was blocking the eastbound lanes of traffic. […]
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What you MUST know before buying car insurance
One of the most important factors in determining whether you are able to take legal action after a car accident is the tort option on your auto insurance policy. Unfortunately, many people don’t know what tort option they have.
Listen as Attorney Marion Munley explains the difference between full and limited tort, and why it makes a big difference.
Full Tort vs. Limited Tort
When buying car insurance In Pennsylvania, you have the option to choose full tort or limited tort. Full tort allows you to pursue legal action in the event of an accident, regardless of the severity of your injuries. Limited tort, on the other hand, limits your right to compensation in an auto accident. And, this limitation does not just apply to you – it may also apply to the other members of your household.
With a limited tort policy, […]
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$750k settlement for truck accident victim
Victim to receive compensation for injuries sustained in truck accident
Munley Law Personal Injury Attorneys announced Friday that a $750,000 settlement has been reached in a tractor trailer accident case which was scheduled to go to trial this month before the Honorable Robert D. Mariani, United States District Court Judge for the Middle District of Pennsylvania in Scranton.
Robert W. Munley III noted that “Our client brought this lawsuit to achieve justice for the suffering and trauma that he and his family have endured since this accident. We have been honored to represent him, and we hope that this settlement will help not only our client but will go a long way towards improving safe driving conditions for truckers and drivers alike.”
Mr. Munley and Julia K. Munley, both experienced trial attorneys at Munley Law Personal Injury Attorneys, […]
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