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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Why Do Most Personal Injury Cases Settle?
Will my personal injury case settle?
Although popular television shows and movies give the illusion that every legal case culminates with a dramatic trial, the reality is that over 95% of all cases and almost 96% of personal injury cases settle out of court. While many personal injury plaintiffs are eager for an opportunity to have their day in court so that they can tell their story to a judge and jury, it is important to understand the benefits and drawbacks of both trials and settlements. Our Wilkes-Barre personal injury lawyer explains.
Why Do You Need a Personal Injury Lawyer From Munley Law?
It is also important that victims of catastrophic accidents choose a legal team that understands these nuances and knows how to negotiate with hospitals, businesses, and insurance companies in order to maximize their clients’ winnings. Time and time again, […]
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Who Is Not Covered by Workers’ Compensation?
Injured on the Job? A Workers’ Compensation Lawyer Can Help You Understand Your Case
When a workplace accident occurs, many employees count on workers’ compensation claims to help cover their medical expenses and/or lost wages during recovery. Though it can require a bit of a battle, compensation is a right that many workers are entitled to.
However, some workers are not eligible to file workers’ compensation claims, which could leave them to cope with an injury alone. Determining whether you are eligible to claim workers’ compensation—particularly when an employer says you are not—can be challenging and it often boils down to whether you are an employee, directly supervised and directed by your employer, or whether you are an independent contractor, working on a particular project but given free reign on how the project or task is accomplished.
If you have been injured on the job, […]
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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, […]
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Are Slip and Fall Cases Hard to Win in Philadelphia?
Slip and Fall Injuries are Serious and Costly
A slip and fall, or trip and fall, accident is essentially what the name suggests: it’s an accident where a person slips or trips and falls on another individual or business’s property, leading to some degree of injury.
To many adults, the idea of slipping and falling may not seem like much to be concerned about. But in reality, a simple slip and fall incident can cause a great deal of damage, pain, and suffering. The CDC reports that 1 in 5 fall cases results in a serious injury, such as a broken bone or concussion. Moreover, approximately 800,000 people are hospitalized each year for injuries related to falling.
Beyond the physical injuries caused by a fall, the monetary burden can be immense. The CDC reported that in 2015, […]
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