Defendant

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?

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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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

john mulcaheyMulcahey 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 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.  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.

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

truck

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., 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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Munley Gets 2nd Highest Settlement in PA

big money winsWe 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 Patrick Webb, […]

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Munley Law Personal Injury Attorneys Reaches $3.97 Million Settlement in Tractor Trailer Case

Entrance to Munley Law Personal Injury Attorneys office(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. , 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 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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