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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Car Accident Lawyers Questions & Answers
Car Accident Frequently Asked Questions (FAQs)
Q: If I’ve Been in a Car Accident, do I Need a Lawyer?
A: It depends. If you did not suffer any injuries in the accident, you may settle your insurance claim without need for legal help. However, if you or someone you know were injured in the accident, the claim becomes more complicated. As the injured victim, you have the right to seek compensation from the at-fault party for your medical costs, pain and suffering, and other losses. Insurance companies have high-paid lawyers and experts who will fight against you to make sure you get as little money as possible. Statistically, people represented by lawyers get three times more settlement money than people who do it themselves. So, while you don’t need a lawyer, […]
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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, […]
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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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New York Man Awarded $1.5 Million After Debilitating Auto Accident
A man who suffered “a permanent, significant physical limitation” as the result of a serious automobile accident on Route 104 in Ontario, New York, has been awarded over $1.5 million by a Monroe County Supreme Court jury.
The man was stopped at a stop light in 2009 when he was hit from behind by another vehicle. He was diagnosed with acute lumbar spine injuries. The defendant‘s insurance company, State Farm Mutual Automobile Insurance Co., offered to settle the case for $5,000 and refused mediation or arbitration to settle the case, forcing the case into trial.
InsuranceNewsNet.com reports the man was awarded $1.25 million in past, present and future pain and suffering and loss of enjoyment of life, along with $321,250 in past and future medical expenses.
About Munley Law Personal Injury Attorneys
Munley Law is a Pennsylvania accident and injury law firm that represents car accident victims and their families throughout the state of Pennsylvania and the Northeast, […]
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CA Family Awarded $29.2 Million in Car Crash Lawsuit
Two children dead, one paralyzed in head-on car crash
The family of two children that died in November 2006 in a head-on collision on Highway 12 near Fairfield, California has been awarded $29.2 million by a Solano County jury. The driver of an SUV crossed the center line and slammed into the oncoming passenger car leaving the two children dead, one child paralyzed from the waist down and the mother, and driver of the car, in the hospital for 2 months recovering from her injuries.
The driver of the SUV was traveling close to 80 MPH and attempted to pass two vehicles in a no-passing zone. He was sentenced to 23 years in prison. He was found 65% liable in the case, but due to his limited insurance coverage the state will pay the majority of the award.
The state was found 35% responsible in the case for unsafe conditions on the roadway. […]
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