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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Medical Malpractice Frequently Asked Questions
Medical Malpractice Questions and Answers
What is medical malpractice?
Legal definitions vary slightly from state to state, but as a general rule medical malpractice (also known as medical negligence) means that a health care provider caused injury or death to a patient by failing to act within the applicable standard of care. Essentially, a physician or other health care provider commits medical malpractice and is negligent when he or she fails to act in a reasonable way under the circumstances and the unreasonable conduct causes harm.
How can I find out if I have a case?
Because medical malpractice law is very complex, the best way to know is by talking to an experienced medical malpractice lawyer. Be sure to tell the lawyer exactly what happened to you, from the first time you visited your doctor through your last contact. What were the circumstances surrounding your illness or injury? […]
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Workers’ Compensation Questions & Answers
Frequently Asked Workers’ Compensation Questions
Q: I’ve Been in an Accident at Work. What’s the First Thing I Should Do?
A: Right after a job-related accident, no matter how minor it may seem, you should immediately report your injury to your supervisor and make sure that a written record is made. Once you report the injury, seek medical assistance as soon as possible to learn how severe the injury is and get treatment. Both these two steps are crucial for your claim. If you fail to report the accident to your supervisor as soon as possible, your claim may be denied.
Q: Is There a Statute of Limitations for Workers’ Compensation Cases?
A: Under Pennsylvania law, a notice of any injury suffered while on the job must be provided to a supervisor at your place of employment within 120 days of the date of injury. […]
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Defending Yourself After a Trucking Accident – Advice from Dan Munley, Personal Injury Attorney at Munley Law Personal Injury Attorneys
While I’ve seen them often, it always pains me to see trucking and car accidents. The one that took place today on I-94 in Michigan City, Indiana is one of the worst semi-trailer accidents this lawyer has seen. According to NBC Chicago’s report of the accident, three deaths have already been confirmed. The crash involved over 15 semi-trailers (semi-trucks) and dozens of passenger vehicles, which were pinned underneath these large semi trucks. Many of the injured were taken to University of Indiana Health-LaPorte Hospital for treatment of injuries.
Sadly, many of these victim’s families are probably at the hospital right now, focused on their loved one’s safety, meanwhile, the law firms representing the insurance companies are likely already beginning to do everything they can to minimize compensation or reimbursement for pain and suffering. That includes making evidence disappear quickly. I know this because I’ve seen it done before in cases I’ve represented just like this. […]
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Who Can Pennsylvania Personal Injury Lawyers Sue After a Bus Crash? The Answer May Surprise You
After a Pennsylvania Bus Accident, there are more possible parties that could be sued than you may think. Personal injury lawyer explains:
- What parties could be responsible?
- How does the number of parties involved in a lawsuit affect how much settlement money your Pennsylvania Personal Injury Lawyers could get for you?
- Do Personal Injury Lawyers in Pennsylvania charge you any initial fees?
Who can Pennsylvania personal injury lawyers sue after your bus crash?
After you or a loved one gets into an accident with a bus, or while riding in one, there are a number of possible parties that could be held responsible in your lawsuit.
Here’s a list of possible parties that Pennsylvania Personal Injury Lawyers could sue:
- The Owner of the Bus: Potential owners of the bus that Pennsylvania Personal Injury Lawyers could pursue in your lawsuit include; […]
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What Pennsylvania Personal Injury Lawyers Will Tell You About Insurance Policies That Big Insurance Companies Don’t Want You to Know About
Pennsylvania Law gives you two options for car accident insurance coverage: your insurance company won’t like one of them. A Personal injury lawyer from Munley Law Personal Injury Attorneys explains:
- What’s the difference between a full tort and limited tort policy?
- How much do personal injury lawyers in Pennsylvania charge you to handle your car accident case?
- Do Personal Injury Lawyers in Pennsylvania charge up-front fees?
WATCH VIDEO: PENNSYLVANIA PERSONAL INJURY LAWYERS TALK ABOUT CAR ACCIDENTS:
Pennsylvania personal injury lawyers will advise you to choose “full tort” on your policy
When trying to get money after you get hurt in a car accident, Pennsylvania law provides two options:
Full Tort
or
Limited Tort
If you choose “Limited Tort” […]
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