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.
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How Long Does it Take to Resolve a Personal Injury Case?
Know what to expect and how to navigate your personal injury case
If you or a loved one has been injured in an auto, workplace, medical malpractice, or other catastrophic accident, the physical, emotional, and financial strains often feel as if they surmount at an exponential rate. Time seems to be of the essence and efforts to expedite your claim may prove to shortchange you of what you are entitled to, should you not be well-informed of common practices that can minimize your settlement. All personal injury cases are not created equal; there are many variables that can
influence the timeline of a personal injury case, and a trustworthy, experienced, and successful lawyer will never profess a guaranteed timeline. Esteemed personal injury attorneys can commit to resolving your case in the most efficient and effective way; our personal injury lawyers have spent decades fighting against culpable businesses and insurance companies in Pennsylvania and we will get you what you deserve. […]
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Reading Workers’ Compensation and Third Party Claims
What is a Third Party Claim?
Workers’ compensation claims are specific to your employer’s workers’ compensation insurance and only cover your medical bills and lost wages. If you qualify for specific loss or death benefits if you are a dependent of a loved one who has lost their life due to a work injury, those are covered as well by workers’ comp insurance.
When you file a third-party personal injury claim, however, you can receive financial compensation for damages such as:
- Pain and suffering related to the injury or illness
- Wrongful death and loss of consortium in the event of a fatal injury or disease
- Cost of mental health treatments
- Punitive damages, ie financial damages designed to punish the responsible party for their recklessness or negligence
If your injury or occupational disease was caused by someone other than a co-worker or your employer, […]
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Wilkes-Barre Fatal Truck Accident Lawyer
Our Wilkes-Barre Fatal Truck Accident Attorneys Can Get You Justice
Truck accidents are some of the most destructive types of crashes that happen in Wilkes-Barre. Far too often, these truck crashes result in loss of life. A fatal truck crash can upend the lives of surviving family members and leave you devastated, looking for answers, and wanting justice. No amount of money can make up for the sudden loss of a beloved family member, but a lawsuit can hold the at-fault party accountable for their actions and bring you some future security so that financial burdens do not interfere with your ability to honor your loved one’s memory in peace.
If someone you love was killed in a fatal truck accident in Wilkes-Barre, contact the Wilkes-Barre truck accident lawyers at Munley Law. Our compassionate team of legal experts will answer your questions, assist you during this difficult time, […]
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What to Do When Hazardous Materials Spill During a Truck Crash
What to do if you have been in a truck crash with chemical spills or hazardous materials
Tanker trucks transport the majority of U.S. shipments: they haul gasoline, diesel, specialty chemicals, food grade and dry bulk on a daily basis. With the increasing transportation of goods, the number of tanker truck accidents on our roads has also been on the rise. Tankers frequently haul hazardous and highly flammable materials, and a crash with these large, precarious vehicles could mean enduring serious burns, smoke inhalation injuries, or even death. Road surfaces can become extremely unsafe, air quality can be compromised, and fires and explosions can result from sudden hazardous waste disturbances.
If you or a loved one have been in a truck crash involving a hazardous materials spill, there may be multiple responsible parties, and the crash may require in-depth investigations. You will need a truck accident lawyer with a reputation, […]
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Can I Sue After a Rear End Collision?
Hire an Experienced Car Accident Attorney to Help After Rear End Accident
Car accident lawyers will tell you that rear end collisions are unfortunately a fairly common part of driving; in fact, the Washington Post reported that there are approximately 1.7 million rear end collisions on U.S. roadways each year. What’s more, the Pennsylvania Department of Transportation reported in 2019 that almost 30% of car accidents in the state were rear-end collisions. But while these accidents are common, they still need to be taken seriously. Grave injury and extensive damage are both possible results of a rear-end accident, and if you’ve experienced an accident of this nature, you will want a trusted car accident lawyer to guide you through the process of receiving proper compensation.
After an accident, it’s possible that one party may reach out to the other with an initial settlement offer. […]
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