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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What Information Should I Obtain From the Other Driver After a Car Accident?
We all know the basics of car accident etiquette. Remain calm, check yourself and your passengers for injuries. And of course, swap contact information with the other driver(s) involved. But what additional information should you obtain from the other driver after a car accident? Further, how do you obtain that information during a stressful situation?
What Basic Information Is Needed From The Other Driver?
There is no doubt that car accidents are stressful and still, incredibly common. According to Driver Knowledge, more than 90 people die in car accidents every day.
Be it from distracted driving, driving under the influence, speeding, road conditions, etc., when a car collision occurs, drivers need to be prepared to take action immediately.
In general, […]
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What Is the Difference Between a First-Party and Third-Party Claim?
When you are involved in an accident, you may wonder where you’ll get the compensation needed to recover. Is it your insurance who foots the bill or the other parties who may be at fault? Further, can you still file a lawsuit if you have insurance? First-party and third-party insurance claims are similar in what you can recover in many ways–the key difference is in who is held liable.
Here is what you need to know about first-party and third-party insurance claims.
What Is a First-Party Claim?
In essence, a first-party insurance claim is one where you as the victim of an accident or injury make a claim against your insurance. This means you’ve paid and have an insurance policy for such events and will recover compensation from that policy.
If you have insurance, […]
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Third Party Claims & Workers’ Compensation Lawyer in Hazleton
If you have sustained an injury or occupational disease or death while at work, you are likely exhausted and overwhelmed. And you are not alone; in fact, a report from the Bureau of Labor Statistics stated that, in 2020, “there were 2.7 million nonfatal workplace injuries and illnesses reported by private industry employers.” The good news is that you are very likely eligible to receive workers’ compensation, which can relieve some of your financial burden and cover things like medical bills and lost wages.
In addition to filing for workers’ compensation, you may also be wondering if you’re able to sue a third party who played a role in your accident or injury. If you were injured in the Hazelton, PA area, and a third party (meaning anyone outside your employer and coworkers) was involved in your case, the answer is most likely yes. Did a piece of machinery malfunction? […]
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ATV Accident Lawyer
Injured in an Off-Road Vehicle Accident? We Can Help.
Recreational vehicles are popular ways for people to enjoy the outdoors, but a fun ATV ride can turn into a life-changing accident. If you or someone you love has been injured in a recreational vehicle accident, an ATV accident lawyer can help you recover from your injuries.
All-terrain vehicles, or ATVs, are often used for recreation, but also provide transportation for farmers, ranchers, hunters, outdoor enthusiasts, and emergency personnel who need to get to places unreachable by car. They can be especially dangerous for children to ride.
According to the U.S. Consumer Product Safety Commission, Pennsylvania has the second highest fatality rates from ATV accidents.
Those who have suffered injuries in ATV accidents should not delay in reaching out to an injury lawyer today. You only have a limited time to build a case and receive compensation to recover from your injuries. […]
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When Should a Philadelphia Personal Injury Lawyer Be Used?
Injured Due to Negligence? A Philadelphia Personal Injury Lawyer Can Help
A personal injury lawyer should be used anytime there is an injury, either physical or emotional, resulting from possible negligence. If you’re asking “when should a Philadelphia personal injury lawyer be used?” the answer could be many different scenarios. This might look like a lot of different situations ranging from a car or truck accident to slipping and falling on a construction site.
Many different types of accidents might necessitate the use of a Philadelphia personal injury lawyer. Think bus (SEPTA) accidents, slip and fall accidents, car accidents resulting in injuries, and construction site dangers that resulted in harm to you or one of your loved ones.
At Munley Law Personal Injury Attorneys, we work on a contingent basis. We only get paid if we win your case. […]
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