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 Uber Accident Lawyer
Carbondale Uber Accident Lawyer
Companies like Uber provide a convenient service to the public, but they can also go to great lengths to avoid liability when things go wrong. Large companies including Uber have extensive resources and large defense teams to protect their interests. You deserve the same level of protection.
If you were injured in a car accident involving an Uber driver in Carbondale, call Munley Law for a free consultation today. We can establish liability and negligence, determine whose insurance should pay for your damages, and fight for the maximum recovery for you. Our attorneys have decades of experience fighting for people like you against large, powerful companies.
We offer virtual consultations, as well as in-person meetings in our Carbondale office location. Or, if you are seriously injured and cannot travel, we can come to meet with you in the hospital or at your home. […]
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Carbondale Catastrophic Injury Lawyer
We help those who have suffered catastrophic injuries. Call our Carbondale catastrophic injury lawyers today.
Any time an act of negligence causes an injury, the victim deserves justice. But in the event of a catastrophic injury, the stakes are even higher. Catastrophic injuries often occur suddenly and without warning. They can change your life for a long time, even permanently. They can prevent you from working and from living your life. A catastrophic accident can place an incredible strain on you and your entire family. But you can take your life back by filing a catastrophic injury lawsuit.
The Carbondale catastrophic injury lawyers at Munley Law can help you. We have been helping people in Carbondale since 1959. Unlike most personal injury law firms, we dedicate a significant portion of our practice to cases involving catastrophic and life-threatening injuries. When it matters most, you need a law firm with experience handling a case as serious as yours. […]
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Can I Sue for Being Hit by a Semi Truck?
What to Do After Semi Truck Accident?
If you were hit by a semi truck, you may wonder if you can sue. The reality is that it depends on the circumstances of the collision. If you suffered serious injuries as a result, you may be able to seek legal action via a civil lawsuit. In this case, a personal injury claim will be your next move.
As truck accident victims, those involved in collisions with truck drivers should not have to shoulder the cost of medical expenses, lost wages, and future medical care. If you’re asking yourself “Can I sue for being hit by a semi truck?”, call the semi truck accident lawyers at Munley Law Personal Injury Attorneys today to schedule a free consultation.
Who Can Be Held Liable in a Semi Truck Accident?
Depending on the circumstances surrounding your truck accident case will help your truck accident lawyer and the insurance companies establish negligence. […]
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UHaul Truck Accident Lawyer
If You Were Hurt in a Truck Accident, Contact a U-Haul Truck Accident Lawyer Today
U-Haul trucks are convenient for anyone needing to move or haul furniture or other large items that don’t fit into smaller vehicles. It is a cost-effective way to use a truck without needing to purchase one. Unfortunately, many people who drive U-Haul trucks are not experienced in driving large vehicles and may cause a truck accident that injures other drivers, motorcyclists, and pedestrians. Sometimes, the companies that rent out U-Haul trucks do not properly maintain the trucks. This can lead to crashes that may injure others and the driver and passengers in the U-Haul truck.
If you or a loved one were injured in a U-Haul truck accident, or if a family member was killed, contact an experienced truck accident lawyer at Munley Law Personal Injury Attorneys for a free, […]
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Questions to Ask a Truck Accident Lawyer
When you’ve been involved in an accident with a tractor trailer, you’ll be asking yourself many questions. How can I afford to get my car fixed? How long will I be out of work to recover? Who will pay for my medical bills? These are all common questions that are difficult to answer on your own as many times, it comes down to the specific nature of your truck accident, and the severity of your injuries.
If you’ve been hurt in a truck accident and are wondering what your next steps are, here are some questions to ask a truck accident lawyer.
Q. Can You Prove Who Was Responsible For The Truck Accident?
If it was difficult to prove negligence at the scene of the accident, it will be up to a truck accident lawyer to conduct a thorough investigation in tangent with the insurance companies. […]
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