What is Negligence?
Negligence is the failure to use a reasonable degree of care given the circumstances. The four elements of negligence are a duty owed to a plaintiff, a breach of that duty by the defendant, proximate cause, and injury or damage suffered by the plaintiff. It is essentially carelessness.
According to Black’s Law Dictionary, negligence is defined as “the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.” As such, negligence refers to a failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances. It forms the basis of many personal injury claims and lawsuits, where a plaintiff alleges that their injuries or damages were caused by the negligent actions or omissions of another party.
Key elements of negligence include:
- Duty of care: The legal obligation of an individual or entity to exercise reasonable care to avoid causing harm to others. This duty may arise from professional relationships, ownership of property, or other circumstances.
- Breach of duty: A failure to fulfill the duty of care by acting or failing to act in a way that deviates from what a reasonably prudent person would do.
- Causation: The link between the defendant’s breach of duty and the plaintiff’s injuries or damages. It must be shown that the defendant’s actions or omissions directly caused harm to the plaintiff.
- Damages: Actual harm or losses suffered by the plaintiff as a result of the defendant’s negligent conduct, which may include physical injuries, emotional distress, property damage, or financial losses.
Legal principles related to negligence aim to compensate injured parties for their losses and encourage individuals and businesses to act responsibly to prevent foreseeable harm. For example, if your landlord doesn’t fix a rickety set of steps you let him to, and you fall through the steps a week later, the landlord is negligent in his duty of care. Understanding the elements of negligence is essential in personal injury cases and other legal disputes where liability is based on the failure to exercise reasonable care under specific circumstance
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Carbondale Car Accident Lawyer
Don’t Fight the Insurance Company Alone. Our Carbondale Car Accident Attorneys Can Help.
Known as The Pioneer City, Carbondale is a beautiful town with incredible American history and some of the best trails and parks in Pennsylvania. Running through Carbondale are roadways like the Scranton Carbondale Highway, PA-106, and Brooklyn Street. Sitting just east of Carbondale are US-6 and Roosevelt Highway. While these roadways help residents and tourists explore the town that sparked America’s Industrial Revolution, they are also the sites of many Carbondale car accidents.
In the aftermath of an accident, dealing with insurance companies, accident claims, police reports, and medical care can be a daunting task. So many accident victims accept their losses because they are too overwhelmed. They don’t know where to begin, they don’t know where to turn, and they just want to move on with their lives.
This is where Munley Law comes in. […]
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Carbondale Truck Accident Lawyer
If you were injured in a truck accident, our Carbondale truck accident lawyers can help.
A trucking accident can change a victim’s life drastically. With some of the major highways in Pennsylvania running around or through Carbondale, getting into a truck accident is extremely likely. When this occurs, you’ll need a Carbondale truck accident lawyer who has the knowledge needed to take on the trucking company and secure compensation that will take care of your injuries. You need Munley Law.
If you or someone you know was injured in a crash with a large commercial truck, our Carbondale truck accident lawyers are ready to fight for you. Schedule a free consultation with the nation’s premier truck accident lawyers at Munley Law today.
Do I Need a Carbondale Truck Accident Lawyer?
As the injured victim in a trucking accident, you may be able to bring a lawsuit against the negligent party to get compensation for your injuries. […]
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How Does a Personal Injury Lawsuit Work?
Most people never think about what it takes to file a lawsuit until the time comes. If you have never had to take part in a personal injury lawsuit, you probably don’t know exactly what to expect. How does a personal injury lawsuit work? The entire process can be intimidating or confusing when it is unfamiliar. You likely have a lot of questions.
Your personal injury lawyer from Munley Law Personal Injury Attorneys will be by your side every step of the way, but you still should have an understanding of how the process works. In truth, every case is different, and some are more complex than others. But, there are certain elements that will remain consistent in most lawsuits. Consider this your guide to personal injury lawsuits and how they work.
Why File a Personal Injury Lawsuit?
First, why file a personal injury lawsuit? […]
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What Happens When Someone Dies in a Crash?
When someone you love dies in a collision, you need someone who will fight for your family
Get justice after a loved one dies in a fatal crash
It is the call every family member dreads. While we all hope that it will never be us or our loved ones, 6 million Americans crash every year. 3 million suffer serious injuries from their accidents. Each day, 90 people die in collisions on America’s streets, roads, and highways. In the wake of a fatal crash, the victim’s family members must pick up the pieces while simultaneously grieving the person they lost. However, most people do not know what to do. As a result, the car accident lawyers at Munley Law Personal Injury Attorneys explain what happens when someone you love dies in a car crash.
Do you have questions about an accident? […]
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Carbondale Rideshare Accident Lawyer
An accident involving an Uber, Lyft, or other ridesharing driver can have unique challenges compared to other car accidents. When determining fault and compensation in a rideshare accident, all parties need to consider whether the rideshare driver did cause the accident, whether they were “on duty” when the accident occurred, and whether the rideshare company insurance or the driver’s insurance will have to pay.
If you’ve been in an accident in Carbondale involving a rideshare driver, reach out to the rideshare accident attorneys at Munley Law right away. We can help you answer your most critical questions and seek the compensation you deserve. With over 60 years of fighting for the injured in Pennsylvania, we have the experience you need to obtain justice. Call Munley Law today to get in touch with an experienced rideshare accident lawyer.
How a Carbondale Rideshare Accident Attorney Can Help You
Hiring an attorney after a car accident is crucial to maximizing your chance of success in your case, […]
