Negligence

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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How Long Does It Take to Receive a Offer of Compensation?

Does it Take a Long Time to Receive a Fair Settlement Agreement?

After an accident, you may have a million things running through your mind. At the top of the list might be how you are going to recover from your injuries, including who is going to pay for medical bills, take care of you, and more. And how long does it take to receive compensation.

To ensure you receive fair compensation in any kind of personal injury claim or personal injury lawsuit, you want to make sure you have an experienced injury lawyer by your side. At Munley Law Personal Injury Attorneys, our personal injury lawyers have been fighting on behalf of victims for more than 60 years. Our team of lawyers have received settlement funds in the millions for our clients. We will use our skills to negotiate with insurance company to ensure you receive a fair offer of compensation so you can recover from your injuries. […]

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Who Determines Fault in a Car Accident?

Parties Who Determine Fault in Car Accident

Car Damaged in Accident

If you’ve been injured in a car accident, one of the first things you might think is “That was not my fault!” Once the immediate stress of the accident wears off you might start wondering, “But how do I prove that? Can I prove that? Who actually determines the fault in a car accident?” Fault is not necessarily decided by one party. Rather, the police report, your insurance company, and sometimes the other driver play a role in determining fault in car accidents.

In order to recover compensation for damages in an auto accident, you should consult an experienced car accident lawyer. The team at Munley Law Personal Injury Attorneys has decades of experience helping the victims of car accidents and we’re here to offer a free consultation and free case review today. […]

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When to Hire an Attorney After a Car Accident

Car accidents are traumatizing events for all involved. In the aftermath of a car accident, there are so many questions to be answered. What kind of medical care do I need? Do I have to take time off work? Will my insurance cover this? Is my car okay? Can I afford all this? How will I get to work? In the midst of all this, one question that may cross your mind is: Do I need a lawyer?

You’re not required to hire a car accident attorney, and in some cases, doing so may not be necessary. However, while working with an experienced lawyer does not guarantee a specific outcome, it does guarantee that you’ll have someone with knowledge of the legal system fighting on your behalf. For many people, working with a personal injury lawyer after a car accident is worth it because it means that can focus on things like rest and recovery, […]

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How Can a Truck Accident Lawyer Help?

Why Do I Need a Truck Accident Lawyer After an Accident?

Dealing with the aftermath of a truck accident in Pennsylvania can be frustrating, stressful, and devastating. Faced with medical expenses, pain and sufferings, and lost wages, the road to recovery may seem long and hard for both you and your family. What you need is an experienced truck accident lawyer to help you receive the maximum amount of compensation for your losses, in a timely manner, so you and your family can start the healing process.

But how can a truck accident lawyer help your claim and why do you need one? Let’s explain.

A Truck Accident Lawyer Can Help With Deadlines and Evidence

Attorney Chris MunleyTimeliness is critical when establishing liability and the best possible financial compensation that you are entitled to. Reputable truck accident lawyers understand that timing is crucial to ensure a fair, […]

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What is the Truck Accident Claim Process?

What Happens After a Trucking Accident?

semi truck undercarriageBeing involved in an truck accident is a traumatic experience. Like a car accident, a truck crash can cause debilitating personal injuries and emotional distress–but due to the sheer size and force of the vehicle, truck accidents often cause more severe injuries and mental agony than an accident involving passenger cars alone.

When you or a loved one is involved in a truck accident, the last thing you want to do is try and figure out the complicated truck accident claim process.

It is essential, however, that you act fast–while evidence is fresh and before the statute of limitations runs out–in order to ensure you receive the full and fair compensation you deserve. Thankfully, an experienced truck accident lawyer can handle most steps of the truck accident claim process for you, and at no charge to you unless you win a truck accident settlement or jury award. […]

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What Can I Sue for After a Truck Accident?

Damaged cars after a car accident crash involving a big rig semi truck with semi trailer at a city street crossroad intersection in wilkes-barreA truck accident can happen at any time. When you are in a passenger vehicle, on a bike or motorcycle, you are particularly vulnerable to serious injuries. Trucks are heavy vehicles with a lot of force and the potential to cause serious damage just by their sheer size and weight.

Pennsylvania has many interstates, routes and highways which see a lot of truck traffic. If you have ever been traveling on route 81 for instance, you know how intimidating and scary it can swiftly become to be surrounded by large trucks going at a high rate of speed.

After a truck accident you might be facing a lot of frustrating and confusing hardships. You can have minor or very serious injuries, you might have lost your vehicle which was your primary transportation to work, you might be angry and scared looking forward to a future with physical therapy, […]

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What Percentage of Truck Accidents are Caused by Cars?

What Happens When a Car Driver is Responsible for a Truck Accident?

Truck drivers are the heart of America’s infrastructure. In 2020, 10.23 billion tons of freight was transported by trucks in the United States. Food, construction materials, raw materials for U.S. manufacturers, and every vital retail goods sold and shipped in the U.S. relies on big rigs. More than 72 percent of transported items in this country are moved by trucks. The U.S. economy is driven by large trucks. But what happens if you are a truck driver involved in a large truck crash and you are not at fault?

At Munley Law Personal Injury Attorneys, we know picking up the pieces after a truck accident can feel like an insurmountable task. If you or a loved one becomes a victim of a truck accident caused by a passenger vehicle or other motorist, our highly experienced and dedicated truck accident lawyers are ready to help you. […]

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Commercial Vehicle Accident Lawyer

Have you or a loved one been injured in a commercial vehicle accident? The truck accident lawyers at Munley Law Personal Injury Attorneys are here to help.

FedEx truck accidentBeing involved in any type of accident can be catastrophic to the victim and their family. However, when a commercial vehicle crash leaves you injured and unable to work, resulting in piling medical bills, you need a law firm that can help you recoup your losses and hold the at-fault party accountable.

At Munley Law Personal Injury Attorneys, our personal injury lawyers work with you to recover lost wages, medical bills, property damage, and more. To set up a consultation with our legal team, contact the commercial vehicle accident lawyers at Munley Law Personal Injury Attorneys by calling844-686-5397 or connecting with us online.

What Is a Commercial Vehicle Accident?

Commercial vehicle accidents are those collisions that involve commercial transport. […]

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Dog Bite Lawyer

If you were attacked by a dog, contact a dog bite lawyer at Munley Law Personal Injury Attorneys for a free consultation.

Any type of animal attack can be devastating. Often, the victim of an animal bite will have both physical and emotional scarring. This is where our experienced dog attack attorneys can help.dot bite attorney

For over 60 years, the lawyers at Munley Law Personal Injury Attorneys have represented injury victims, including dog bite victims, throughout Pennsylvania.  We understand how complicated these cases can sometimes be and are ready to answer any questions you may have about your case.

Most homeowners’ and renters’ insurance policies cover bite injuries, so let us help you recover the damages you deserve for your scarring, pain and suffering, medical bills, and lost wages from your injury.

Our injury attorneys have recovered millions of dollars in settlements and verdicts for our clients. […]

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How Much Can Someone Sue for a Car Accident?

Car AccidentIn general, there is no limit to how much you can sue someone for a car accident. However, there are factors that may limit how much compensation you will recover in a lawsuit. Things like the severity of the injuries, the extent of the other party’s negligence, and the coverage of insurance policies will all limit what you can recover.

How Much Can a Car Accident Victim Sue For?

Car accident victims can sue for economic and non-economic damages depending on the severity of the wreck. The only way to really maximize the total compensation a victim may be awarded is by utilizing the legal representation of a car accident lawyer

Potential compensation a car accident victim may be awarded includes:

  • Medical expenses
  • Lost wages
  • Diminished earning capacity
  • Property damage
  • Pain and suffering
  • Loss of consortium
  • Wrongful death

The award will also depend on the severity of the crash. […]

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Why Is My Car Accident Settlement Taking So Long?

car accident in wilkes-barre paSitting around and waiting for your case to settle can be frustrating. It may feel as though you are not being prioritized, or that you’ve been forgotten, but that is not the case. Asking, “Why is this taking so long?” is valid but cannot be easily answered.

The process of settling a case is complex, intricate, and includes many working parts that take time. In some cases, a car accident claim may have to go to court because both parties cannot reach an agreement. This can make the whole process even longer. An important fact to remember is that every case is unique; therefore, the amount of time it takes for a case to settle is unique. Although easier said than done, it is important to stay as patient as possible when waiting for your settlement.

Why Do Car Accident Settlements Take Such a Long Time? […]

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What Happens If My Uber is in an Accident?

If you’re feeling unwell, have had a few drinks, or don’t trust yourself driving at night, calling a car through the Uber app is the right choice. Unfortunately, however, calling a car doesn’t always guarantee a safe journey.

rideshare driver smiling to his passengerIf you or a loved one were injured in an Uber accident, Munley Law Personal Injury Attorneys is here to ensure you get the justice you deserve. Car accidents are traumatic events on their own. The aftermath of a crash, however, can be just as intimidating to manage if you don’t have the right resources. Between handling your medical care, claims with your insurance company, and potentially even lost wages, it is easy to feel overwhelmed.

Deciding to seek compensation for an Uber accident injury, though, can help to relieve some of this pressure. Reaching out to an experienced car accident lawyer can make a massive difference in winning you the outcome you deserve, […]

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Sports Injury Lawyer

In the United States, 30 million children and teens participate in some form of organized sports, and every year there are roughly 3.5 million sport-related injuries. Many of these injuries result in long-term recovery, ongoing medical treatment, and even death. While many sports injuries are simple accidents, sometimes these injuries are the result of negligence. For example, if players are not provided with adequate safety equipment or supervision, the responsible party may be held accountable for injuries that occur. sports injury lawyers Munley law

The experienced sports injury lawyers of Munley Law Personal Injury Attorneys have represented many victims who have suffered sports injuries. We have learned through years of experience that sports-related injuries and deaths are often caused by the negligent and careless actions of sport leagues, schools, coaches, and even other athletes. We offer free consultations to all sport injury victims and we do not recover a fee unless we win for you. […]

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What is the Average Settlement for a Car Accident Case?

Understanding Car Accident Settlements

car accidentThe average settlement for a car accident case depends on a variety of factors. From the total amount of property damage done, to the extent of the driver’s injuries, no two types of car accidents are the same, so no two settlements will be either.

Further, depending on the insurance you and the other driver carry, and your state’s laws on liability, the total compensation you can or will receive will vary.

The personal injury attorneys of Munley Law Personal Injury Attorneys explain how the average settlement for a car accident case is determined.

How Is The Average Settlement For a Car Accident Case Determined?

There are multiple factors that come into play when determining a car accident settlement. Below we will discuss the most critical factors to your personal injury case. […]

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Are Slip and Fall Accidents Hard to Prove?

Are Slip and Fall Accidents Hard to Prove?

Philadelphia slip and fall accident lawyersProving negligence in a slip and fall accident comes with its own complications. Were you not paying attention? Was the property it occured on your own? Or did it happen in a public space?

Though proving negligence in a slip and fall accident can be difficult, it is important to do so if you want to seek recovery for the damages you incurred.

At Munley Law Personal Injury Attorneys, we know how critical these personal injuries cases are to your overall recovery. We have been helping slip and fall accident victims for more than 60 years and we’re ready to help ensure you get the compensation you deserve.

Components of Negligence in Slip and Fall Accidents

Following a slip and fall, your main priority is to seek medical attention. […]

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How Common Are Slip and Falls?

Slip and Falls Accidents are Very Common

 Slip and fall accidents remain one of the most common causes of injury in the United States with more than 3 million older adults being treated in emergency rooms for fall injuries each year. Further, slips, trips, and falls remain the most common cause of injury in retail stores.

While these accidents are common, they also can be costly. Learn more about the common causes, injuries, and costs of slip and fall accidents and how the slip and fall lawyers at Munley Law Personal Injury Attorneys can help.

What Are Common Causes of Slip and Fall Accidents?

Slip and fall accidents can occur anywhere– in residential, commercial, industrial, and public places. Because of this, there is a responsibility for everyone to keep spaces clear and free of hazards. Unfortunately, this doesn’t always happen, […]

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How Long After a Slip and Fall Can You Sue?

Determining When to Sue in a Slip and Fall Case

Philadelphia slip and fall accident lawyersThe state you live in and laws surrounding personal injury and wrongful death ultimately determines how long after a slip and fall you can sue. While state laws take into account the amount of time it takes to file a claim with insurance, partake in negotiations, and in some cases, go to trial, should you miss the statute of limitations, you lose the right to seek legal recourse against the party who owned the property and caused your injury.

Learn more about slip and fall statute of limitations and how Munley Law Personal Injury Attorneys can help get the compensation you deserve for your losses.

Pennsylvania, New York, New Jersey, and Delaware Slip and Fall Statute of Limitations

For more than 60 years, the slip and fall attorneys at Munley Law Personal Injury Attorneys have been representing accident victims across Pennsylvania, […]

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Should I Get a Lawyer for a Slip and Fall?

A Slip and Fall Accident Attorney Can Help

A slip and fall accident occurs when one party is injured when slipping or tripping and falling, usually on another person’s property, due to some sort of hazardous condition. This “hazardous condition” could be any number of things, such as a wet or slippery floor, a faulty handrail, or loose carpeting.

Philadelphia slip and fall accident lawyersMany people may not realize just how serious the injuries caused by a slip and fall accident can be, for anyone, but particularly people over 65.  In fact, 75% of slip and fall accident deaths occur in this age group, and 66% of all injury cases in people over 65 are the result of a fall.

If you have been injured in a slip and fall accident, you may well be entitled to compensation. But simply determining whether you have a case, let alone navigating the legal and insurance systems as you fight for compensation, […]

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Can You Sue for a Slip and Fall Accident?

Slip & Fall Accidents are More Common Than You Think

Philadelphia slip and fall accident lawyersA slip and fall accident is, essentially, exactly what the name implies: one party is injured when slipping or tripping and falling, usually on another person’s property, due to some sort of hazardous condition. This hazardous condition could be anything from a faulty handrail to uneven pavement to a slippery surface.

For someone young and healthy, a fall might not sound like much to worry about, but the reality is that the ensuing injuries are often more serious than meets the eye. It’s also a far more common occurrence than you may realize; in fact, more than half a million slip and fall accidents requiring medical care occur in North America each year.

So what can you do if you are injured in a slip and fall accident? Many people may not realize that pursuing legal action is absolutely a possibility. […]

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Do Most Slip and Fall Cases Settle Out of Court?

Settling a Slip and Fall Accident Case

Philadelphia slip and fall accident lawyersDo most slip and fall cases settle out of court? A slip and fall accident occurs when one party is injured when slipping or tripping and falling, usually on another person’s property, due to some sort of hazardous condition. This “hazardous condition” could be any number of things, such as a wet or slippery floor, a faulty handrail, or loose carpeting. While a fall may not sound like something serious, the reality is that it can cost much more extensive damage than one might expect. An accident of this type is particularly dangerous for people over the age of 65, who are both more prone to falling and more prone to experiencing severe injury as a result.

If you or a loved one has experienced a slip and fall accident, you may be wondering what your next steps are. […]

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