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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How Long After a Slip and Fall Can You Sue?
Determining When to Sue in a Slip and Fall Case
The state you live in and laws surrounding personal injury and wrongful death ultimately determines how long after a slip and fall you can sue. While state laws take into account the amount of time it takes to file a claim with insurance, partake in negotiations, and in some cases, go to trial, should you miss the statute of limitations, you lose the right to seek legal recourse against the party who owned the property and caused your injury.
Learn more about slip and fall statute of limitations and how Munley Law Personal Injury Attorneys can help get the compensation you deserve for your losses.
Pennsylvania, New York, New Jersey, and Delaware Slip and Fall Statute of Limitations
For more than 60 years, the slip and fall attorneys at Munley Law Personal Injury Attorneys have been representing accident victims across Pennsylvania, […]
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Should I Get a Lawyer for a Slip and Fall?
A Slip and Fall Accident Attorney Can Help
A slip and fall accident occurs when one party is injured when slipping or tripping and falling, usually on another person’s property, due to some sort of hazardous condition. This “hazardous condition” could be any number of things, such as a wet or slippery floor, a faulty handrail, or loose carpeting.
Many people may not realize just how serious the injuries caused by a slip and fall accident can be, for anyone, but particularly people over 65. In fact, 75% of slip and fall accident deaths occur in this age group, and 66% of all injury cases in people over 65 are the result of a fall.
If you have been injured in a slip and fall accident, you may well be entitled to compensation. But simply determining whether you have a case, let alone navigating the legal and insurance systems as you fight for compensation, […]
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Can You Sue for a Slip and Fall Accident?
Slip & Fall Accidents are More Common Than You Think
A slip and fall accident is, essentially, exactly what the name implies: one party is injured when slipping or tripping and falling, usually on another person’s property, due to some sort of hazardous condition. This hazardous condition could be anything from a faulty handrail to uneven pavement to a slippery surface.
For someone young and healthy, a fall might not sound like much to worry about, but the reality is that the ensuing injuries are often more serious than meets the eye. It’s also a far more common occurrence than you may realize; in fact, more than half a million slip and fall accidents requiring medical care occur in North America each year.
So what can you do if you are injured in a slip and fall accident? Many people may not realize that pursuing legal action is absolutely a possibility. […]
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Do Most Slip and Fall Cases Settle Out of Court?
Settling a Slip and Fall Accident Case
Do most slip and fall cases settle out of court? A slip and fall accident occurs when one party is injured when slipping or tripping and falling, usually on another person’s property, due to some sort of hazardous condition. This “hazardous condition” could be any number of things, such as a wet or slippery floor, a faulty handrail, or loose carpeting. While a fall may not sound like something serious, the reality is that it can cost much more extensive damage than one might expect. An accident of this type is particularly dangerous for people over the age of 65, who are both more prone to falling and more prone to experiencing severe injury as a result.
If you or a loved one has experienced a slip and fall accident, you may be wondering what your next steps are. […]
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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?
A 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
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
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
Mulcahey 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
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. […]
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Another Victory For Munley Law Personal Injury Attorneys
Munley Law Personal Injury Attorneys attorneys deliver successful verdict for injured client
A jury returned a verdict in the amount of $200,500 in favor of Sandra Seamans of New Milford, Pa. on Wednesday, September 10, 2014, following three days of testimony before the Honorable Malachy Mannion. Mrs. Seamans claimed she was injured following a rear-end automobile accident that occurred in 2011 on I-81 South near Exit 223.
The Defendant in the case was Universal Technical Institute and its employee. The verdict awarded damages to Mrs. Seamans for wage loss and pain and suffering resulting from chronic neck and back pain that she suffered in the accident. We are thrilled with the verdict,” said lead attorney, Marion Munley. “Justice was served.”
Sandra Seamans was represented by Marion Munley, Caroline Munley and Julia Munley of Munley Law Personal Injury Attorneys.
[…]
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Allstate’s $950,000 Blunder
Allstate required to pay out nearly a million dollars after delaying insurance coverage of fatal car crash
Attorney Daniel W. Munley, a partner in the law firm of Munley Law Personal Injury Attorneys, negotiated a $950,000.00 settlement on behalf of the family of a teenager killed in an automobile crash in 2001.
The defendant, who received his driver’s license just weeks before, was driving his mother’s Camaro at an excessive speed when he crossed double yellow lines to pass another vehicle and lost control of his automobile. The plaintiff’s son was thrown from the vehicle and suffered a fatal wound.
The defendant’s insurance company, Allstate, failed to pay its obvious driver’s liability and delayed the case for a number of years. Attorney Munley offered Allstate numerous opportunities to act in good faith, essentially requiring them to pay out the policy limit of $25,000.00. After a time extension and several attempts to contact Allstate, […]
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Victims Win Record Pennsylvania Wrongful Death Truck Accident Settlement
The victims of a 2010 Pennsylvania wrongful death truck accident recently agreed to a record $26.1 million settlement of their claims against the truck driver, the truck company and other defendants. The accident occurred on June 6, 2010, on Interstate 80 East when a tractor-trailer rear-ended a Toyota Matrix that was stuck in traffic for road construction. One occupant of the Toyota, the driver’s father, was fatally injured. Two others, including the driver, received serious, life-threatening injuries. Two dogs in the car were also killed.
The driver of the tractor-trailer, who apparently was speeding, said the sun was in his eyes; however, the sun was actually behind him at the time. Because the driver’s recollection of the accident appeared fuzzy, it was alleged that he may have been driving drowsy or even fallen asleep at the wheel, though this was never proven.
Pennsylvania Wrongful Death Actions
The victim of a truck accident has the option to file a personal injury accident lawsuit to recover compensation for any injuries. […]
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