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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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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Stroudsburg Dog Bite Attorney
If you were bitten by a dog in Stroudsburg, you need an experienced dog bite lawyer at Munley Law Personal Injury Attorneys
Dog bites are no laughing matter. They are serious and may lead to devastating and permanent injuries, especially when the victim is a child. Results of a dog bite may include surgeries and other medical expenses, permanent scarring, infections, rabies, missed time from work, and emotional distress. All of these can be costly. You shouldn’t be stuck with the burden of someone else’s negligence.
Most homeowners insurance policies cover dog bites, but making a claim and recovering damages can be complicated. You need an attorney experienced with Pennsylvania state laws. Munely Law, founded and located in northeast Pennsylvania fits that bill. For over 55 years we have represented our neighbors in personal injury cases. […]
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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
Mulcahey and Munley Obtain Justice for Victim in Truck Accident CaseMunley 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., […]
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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. […]
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