What is a Defendant?
In civil or criminal law, a defendant is an individual being sued or accused of committing a crime.
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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What is Discovery?
Understanding your lawsuit’s discovery phase
If you recently filed a lawsuit, then you likely have questions about how your case will progress. Clients often ask our attorneys about discovery. In fact, most civil plaintiffs and defendants have never heard of the discovery phase of a trial. They have no idea what discovery is. As such, our award-winning personal injury team is here to explain discovery and what you can expect during this phase of litigation.
According to the American Bar Association, discovery is “the formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial.” In other words, it is a mechanism for obtaining the info and evidence that you need to win your case.
The phases of a civil trial
In order to fully understand the discovery phase, […]
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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, […]
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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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Determining the Settlement Value of Your Accident Case
Figuring out how much your accident case is worth
After suffering injuries from a car, truck, SUV, bus, or pedestrian crash, your life may be very different. While some accident victims can go back to their jobs, many are temporarily or permanently unable to work. Other victims require additional surgeries, rehabs, or treatments. Likewise, some suffer permanent disabilities that will require ongoing treatment for the rest of their lives. Undoubtedly, the pain and suffering that follows a catastrophic crash takes its toll on both the accident victim and their loved ones. Even the simplest tasks and every day chores can suddenly feel overwhelming. Moreover, the costs of all of these changes are often astronomical. Between medical bills, lost wages, rehabilitation costs, equipment and home modifications, and replacement services, the bills quickly stack up.
Luckily, there is a way to get some financial help. Filing a claim against the responsible actors can get you compensation to cover these expenses. […]
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Car Accidents and Insurance Coverage
Car Accidents and Insurance Coverage
The moments after you’ve been injured in a car accident can be the scariest of your life. Your first concern will be getting treatment for your injuries or your loved ones. Then, you will have to deal with your auto insurance.
You’ll want to be prepared on what kind of car and personal injury insurance you have, and what to do when insurance companies come calling. In Pennsylvania, insurance companies are trained to limit the liability they will pay. It’s important you have the representation on your side to fight for what you deserve.
Just last year, almost 300,000 Pennsylvanians crashed, according to the Pennsylvania Department of Transportation‘s (PennDOT) annual Crash Facts and Statistics Report. The lawyers at Munley Law Personal Injury Attorneys have been representing car accident victims across Pennsylvania for more than 60 years. […]
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