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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Workers’ Compensation Third-Party Claims in Pennsylvania
When workers get hurt at work or become sick due to working conditions, Pennsylvania has a legal safety net that ensures they are financially protected while recovering from their injuries. This safety net usually comes in the form of workers’ compensation insurance, which almost all employers are legally required to carry for their employees, starting on their first day of employment. Most people are familiar with this concept of filing a claim when injured on the job. However, what happens when someone other than your employer is responsible for your injury?
A third-party claim is a personal injury claim you can file if you were hurt on the job, but an outside party is responsible for your injury. This claim allows injured workers to sue the at-fault party for pain and suffering. Learn more about a third-party claim and how to file one after a workplace accident.
Third-Party Workers’ […]
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Philadelphia Bus Accident Lawyer
If you’ve been injured in an accident involving a SEPTA vehicle in the Philadelphia area, you may be entitled to compensation. The Southeastern Pennsylvania Transportation Authority (SEPTA) operates a vast network of buses, trains, trolleys, and subways serving Philadelphia and its surrounding counties. Accidents involving SEPTA vehicles can result in serious injuries, leading to significant medical expenses, lost wages, and other damages.
Filing a personal injury claim against SEPTA involves specific legal requirements, including providing notice of your intent to sue within six months of the accident.
Additionally, you must adhere to other conditions to recover compensation, such as timely filing of your lawsuit and presenting a strong case backed by thorough evidence. This process can be complex and challenging, but the experienced Philadelphia bus accident lawyers at Munley Law Firm are here to help.
Whether you need assistance drafting a notice of intent to sue or collecting and presenting evidence, […]
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Amazon Van Accident Lawyer
It’s no secret that Amazon places immense pressure on its drivers to make the maximum amount of deliveries in the shortest amount of time. Drivers are constantly double-parked, in a rush, distracted by GPS and time constraints, and are often not experienced CDL drivers. As these Amazon delivery vans are a common sight on the roads, the e-commerce giant continues to expand its delivery network. With more and more delivery truck drivers on the road, accidents involving these vehicles are unfortunately on the rise.
If you have been in a collision with an Amazon van, call an Amazon van accident lawyer at Munley Law today. We have been fighting for the rights of accident victims for 65 years.
Types of Amazon Delivery Truck Accidents
The types of Amazon delivery truck accidents include:
- Rear-end collisions often occur when the Amazon van follows another vehicle too closely or fails to stop in time. […]
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Traumatic Brain Injury Lawyer
A traumatic brain injury (TBI) or head injury, occurs when an outside force hits the skull and causes brain damage or injury. An object may strike the head during a slip and fall, a motor vehicle accident, an assault, or a workplace accident.
Head injuries range in severity from mild to moderate to severe.
Most brain injury victims suffer a mild injury, but for those with moderate to severe symptoms, the results can be catastrophic, leading to long-term disability and even death. For these victims and their families, it is imperative to contact a traumatic brain injury lawyer.
For over 60 years, Munley Law has represented personal injury victims. Call the traumatic head injury lawyers of Munley Law today for a no-obligation, free consultation.
What is the Average Settlement For a Traumatic Brain Injury Case?
The average settlement for a brain injury case depends on several factors, […]
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Catastrophic Injury Lawyer
A personal injury is always an emotional and sometimes traumatic experience. But you need support when those injuries result in catastrophic, life-long consequences. The catastrophic injury lawyers of Munley Law have spent decades representing accident victims as they recover and learn to live with these severe injuries.
For a no-obligation, free case evaluation, contact the catastrophic injury attorneys of Munley Law today.
What Qualifies as a Catastrophic Injury?
As defined by 42 USC 3796b, a catastrophic injury is one that “permanently prevent(s) an individual from performing any gainful work.” Essentially, this means that the victim’s injuries are so severe that the standard personal injury case would not cover their long-term needs.
Medically, a catastrophic injury causes severe injury or damage to the spine and spinal cord, brain, loss of a limb, or
severe burns. These injuries require extensive medical care, […]
