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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What Are the Steps in a Personal Injury Lawsuit?
If you’ve been injured in an accident due to someone else’s negligence, you need an experienced personal injury attorney with a successful track record to help win your case. Knowing the detailed steps to a personal injury lawsuit will keep you be well-informed about what can make proper compensation a reality. These cases can be complex, especially if the specifics of your personal injury case involve many parties, long-term medical care, or other nuances. Proving negligence will be key to your case, and your best chance in being justifiably compensated can be met by working with a personal injury lawyer.
Munley Law Personal Injury Attorneys has been helping accident victims for more than 60 years; we specialize in personal injury cases and our attorneys have tried thousands of personal injury lawsuits. Munley Law Personal Injury Attorneys has the knowledge, the power, and the expertise to get you what you deserve. […]
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Who Determines Fault in a Car Accident?
Parties Who Determine Fault in Car 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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What is Uninsured Motorist Coverage, and Do I Need it?
We drive a lot. It’s a daily act that becomes almost mundane, but being on the busy roads at any time of day brings you into close contact with literally hundreds of other drivers and vehicles.
Many of these hundreds of drivers are distracted by hundreds of things. An accident can happen in a split second. How confident are you that these drivers have sufficient or any car insurance policy?
Uninsured motorist statistics
If you’re the victim of a collision with an uninsured driver, or with a driver who has very little auto insurance coverage, you could be responsible for the entire financial burden of a car crash.
According to a 2021 study by the Malvern, Pennsylvania-based Insurance Research Council (IRC), 13 percent of motorists, or about one in eight drivers nationwide, […]
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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 Long Could My Truck Accident Case Take to Settle?
Does It Take a Long Time For a Truck Accident Claim to Reach a Settlement?
If you are involved in a truck accident, compensation for your settlement depends on many factors. In some cases, the truck accident claim can be settled within a few months and in others, it can take a few years before it reaches a conclusion. Truck accident claims involve commercial vehicles, which means there are more parties involved. Additionally, negotiations may fail to achieve adequate funds for victims, and the pursuit of a personal injury claim or wrongful death lawsuit is the proper course of action.
Unfortunately, it’s difficult to say how long a truck accident case can take to settle — anywhere from a few months to a few years. It usually depends on the willingness of all parties involved to reach a settlement and how complex the claim is. […]
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