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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Your Guide to Filing a Lawsuit
Munley Law Personal Injury Attorneys Personal Injury Lawyers’ Guide to Filing a Lawsuit
If a company or person has acted in negligence and caused you serious injury, you may file a lawsuit in order to obtain financial compensation from the at-fault party. But filing a lawsuit can be a challenging task. Any slight mistake can cost you the compensation that you deserve or cause further damages. That’s why you need the proper guidance and an experienced team of attorneys.
Below, we will explain what it means to file a personal injury lawsuit and how to increase your chances of winning.
What does it mean to file a lawsuit?
A lawsuit is a formal legal case that you or your lawyer files with the court. Filing a lawsuit involves telling the court that the defendant acted negligently and hurt you (the plaintiff). […]
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Allentown Workers’ Compensation: Common Injuries
Allentown workers’ compensation and common work injuries
Each year workers in Pennsylvania report between 150,000 and 200,000 workplace injuries and illnesses, with more than 3,000 occurring in Allentown and surrounding Lehigh County. Injured employees face medical treatment bills and lost wages because of their injuries. Fortunately, employers in Pennsylvania and throughout the United States must carry workers’ compensation insurance to provide benefits for injured workers.
Like injuries outside the workplace, some work injuries are more severe than others. Generally, if you suffer an injury that interferes with your ability to do your job, you need to file a worker’s compensation claim. Sometimes employers can put an injured employee on “light duty” and give them different responsibilities they can physically handle. Other times, employees need to have weeks or months away from work to heal from a severe injury. […]
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Does Workers’ Compensation Cover Seasonal Workers?
Does Workers’ Compensation Cover Seasonal Workers?
Businesses supplement their staff in peak seasons like summertime and winter holidays by hiring seasonal employees. As the workforce grows, coverage requirements evolve, including workers’ comp seasonal employees’ demands.
The Pennsylvania Minimum Wage Act doesn’t give a clear distinction between full-time, part-time, seasonal, and temporary employees. Some employers provide more benefits to full-time staff than other workers.
So, what happens if you are a short-term employee and you sustain a work-related injury or illness? This post explains how the Pennsylvania Workers’ Compensation Act protects seasonal workers.
Workers’ Compensation Coverage for Seasonal Employees
Pennsylvania worker’s compensation covers nearly all workers, including part-time, temporary, and seasonal employees. Employers like corporations, nonprofits, unincorporated businesses, and even entities with just one employee must provide workers’ compensation coverage.
However, […]
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Scranton Distracted Driving Accident Lawyer
Seeking Justice After a Scranton Distracted Driving Car Accident
All drivers have an obligation when they enter the road. They are obligated to drive safely, obey all traffic laws, and behave in a manner that does not put themselves or any other party in harm’s way. However, unfortunately, drivers do sometimes fail to meet obligations while behind the wheel, whether that be via drunk driving or simply distracted driving.
It’s important to remember that a distracted driver is a dangerous driver. If you have experienced the consequences of a distracted driver via an automobile accident, an experienced Scranton distracted driving accident lawyer at Munley Law Personal Injury Attorneys can help. We will review your car accident case and fight to ensure you receive the compensation you are owed. Contact us today for a free consultation. We do not collect a fee for our services unless we win your case. […]
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Determining Fault in an Auto Accident
After a car accident, hold the driver at fault accountable
The nation’s #1 personal injury lawyers explain how to determine who caused an auto collision
A crash can unquestionably change everything. Most people think that it won’t happen to them. However, 6 million drivers and passengers collide every year. The Centers for Disease Control and Prevention (CDC) reports that 3 million of those accident victims suffer serious injuries. Each year, 38,000 die in fatal car, SUV, and truck crashes. In addition to these tragic injuries and deaths, auto collisions are tremendously costly. In fact, the CDC reports that “medical care costs and productivity losses associated with injuries and deaths from motor vehicle crashes exceed $75 billion.” In most causes, determining fault in an auto accident is also the first step towards figuring out who must pay a crash victim’s expenses. […]
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