What Is Fault?
Fault is when an entity intentionally or negligently fails to act reasonably, according to legal standards or one’s duty, resulting in harm to another person. This failure can arise from various factors such as ignorance, carelessness, negligence, or a lack of skill. If actions like not being aware, not taking proper precautions, disregarding others, or lacking necessary skills lead to injury to another person, they can all be considered as fault.
Legal scholar John C. Jeffries Jr. states, “Fault is the linchpin of tort liability.” Fault plays a crucial role in various aspects of law, including tort law (civil wrongs), contract disputes, and criminal law. Establishing fault is essential in legal proceedings to determine liability and to assess damages or penalties accordingly.
Fault forms the basis for legal liability and compensation. For example, in a car accident case, fault may be assigned based on factors like speeding, failure to yield, or distracted driving. For plaintiffs seeking damages, proving fault is essential to demonstrate that the defendant’s actions or negligence directly caused their injuries or losses. Conversely, defendants may argue mitigating circumstances or lack of fault to defend against legal claims.
More information about Fault
The Importance of Gathering Evidence in a Personal Injury Lawsuit
When filing a personal injury lawsuit after an accident, gathering comprehensive evidence strengthens your position and can significantly impact your compensation. While collecting evidence might seem overwhelming, an experienced personal injury attorney can guide this process, ensuring no critical details are overlooked. Multiple expert opinions and diverse forms of evidence enhance your case and help establish the facts.
Key Types of Evidence and How Your Attorney Can Help
Photographs and Video Evidence
Visual documentation from cell phones or cameras often provides the clearest evidence of liability. These raw, unaltered records help insurance adjusters and attorneys understand what occurred during the incident. Your attorney will know what details need photographic documentation. The immediate accident damage provides only part of the story. Environmental conditions can impact liability significantly. Road conditions may have contributed to the incident. […]
More information about Fault
Personal Injury Claims: What to Expect
Getting hurt in an accident can turn your life upside down. Understanding how personal injury claims work will help you get the compensation you deserve while focusing on your recovery.
How Long Do Most Personal Injury Claims Take?
Most personal injury claims take four to 12 months to wrap up, though some cases might need more time. The timeline depends on how serious your injuries are, who was at fault, and whether the insurance company works with you or against you. If your case goes to court, it could take longer than if you settle outside court.
It’s smart to wait until your doctors say you’re as recovered as you’re going to get before settling. This way, you’ll know what your long-term medical needs and costs will be.
How Does the Claims Process Work?
The personal injury claims process is straightforward – […]
Read MoreMore information about Fault
Wilkes-Barre Medical Malpractice Lawyer
For 65 years, the Wilkes-Barre medical malpractice lawyers at Munley Law have secured millions in compensation for victims of medical negligence. Trusting your health and safety to someone else can be incredibly vulnerable. Medical errors and negligence can lead to long-lasting consequences, emotionally and physically affecting you. When local facilities, such as Geisinger Wyoming Valley or Wilkes-Barre General, fail to uphold the standard of care, we hold them accountable.
At Munley Law, we understand the emotional toll this situation can take on you and your family. We are committed to providing the compassion, care, and timely service you deserve. Our legal team offers a free initial consultation and advice tailored to your case needs. Contact us today for your free consultation.
Proving Medical Malpractice in Wilkes-Barre
According to the Unified Judicial System of Pennsylvania, there were 1,322 medical malpractice filings in Pennsylvania in 2022, […]
More information about Fault
What Do Workers’ Compensation Attorneys Do?
A Workers Comp Attorney Can Help You Recover
If you’re wondering “What do workers’ compensation attorneys do?” the answer is simple. When you suffer a serious injury at work, the Munley Law Personal Injury Attorneys workers’ compensation lawyers are here to help. Getting injured at work can be extremely stressful. If your injury is severe and leaves you incapable of returning to work right away, it can throw you and your family into financial uncertainty. But that can also leave you stressed, wondering “how much does
Workers’ compensation, which is money paid to employees who are injured on the job, should be readily available to all injured employees. Unfortunately, that’s not always the case. This is why you need an experienced workers’ compensation attorney on your side. They will help you navigate through the paperwork and claims process. If your case is denied, […]
Read MoreMore information about Fault
What Is a Bobtailing Truck?
A bobtail truck is a semi-truck driving without its trailer attached – a sight you may have encountered on highways and roads. While these trucks might appear more manageable and safer without trailers, this configuration introduces unique hazards. Semi-trucks are specifically engineered to haul heavy loads, and when operating without a trailer, their weight distribution and handling characteristics change significantly, creating unexpected dangers. The Federal Motor Carrier Safety Administration (FMCSA) reports that bobtail trucks account for approximately 5% of annual truck accidents. Despite their smaller profile, these vehicles can still cause devastating injuries in collisions, which is why accident victims often require the expertise of a truck accident law expert.
If you have been injured by a bobtailing truck, you need a skilled truck accident lawyer.
Bobtail Trucks in Commercial Transportation
The term bobtail truck refers to a truck, […]
Read More
