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 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
Timeliness 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?
Being 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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Should I Get a Lawyer for a Car Accident That Wasn’t My Fault?
Do I Still Need a Car Accident Attorney After a Car Accident That Wasn’t My Fault?
Do I Still Need a Car Accident Attorney After a Car Accident That Wasn’t My Fault?If you are involved in a car accident, you may think that because the car wreck wasn’t your fault, you don’t need a lawyer. The reality is, even if you did not cause the car accident, it may be a good idea to seek legal representation to prove that you do not share in the fault.
While you never have to get a car accident attorney, securing representation early on can be beneficial in the claim filing process as well as bringing forth any lawsuits against the negligent party. This allows you to be a step ahead of the negligent party.
The car accident lawyers of Munley Law Personal Injury Attorneys explain why you should get a lawyer for a car accident that wasn’t your fault. […]
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Pottsville Truck Accident Lawyer
Pottsville sees significant truck traffic every day due to its role as a hub for major distribution centers for companies like Wegmans, Walmart, Michaels, and Big Lots. Thousands of tractor-trailers travel Pennsylvania’s highways and local roads, many of which weren’t designed to handle the stress of such heavy vehicles. Unfortunately, this increased truck traffic raises the risk of serious accidents, leaving victims with devastating injuries and mounting expenses.
If you’ve been injured in a Pottsville truck accident, you need an experienced legal team to handle the complexities of truck accident law and fight for the compensation you deserve. At Munley Law Personal Injury Attorneys, our Pennsylvania truck accident lawyers have the knowledge, resources, and track record to take on even the most challenging cases.
Contact Munley Law today for a free consultation and let us help you get the justice and compensation you’re entitled to. […]
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Preserving Evidence After a Truck Accident
Most people know, generally, that they have rights after an accident caused by someone else. However, knowing you have rights in the abstract is very different from being in a situation in which you have to enforce those rights. This is especially true following a truck accident, which often times cause more severe injuries and involve multiple drivers. A truck accident lawyer can help you navigate the aftermath an accident. But that lawyer will need evidence if they’re going to win.
There’s no way around it, being in an accident is scary and overwhelming. For that reason, our first thought after a truck accident is rarely “What evidence do I need to successfully recover for my injuries in a personal injury claim?” It’s completely understandable; injuries after a truck accident are often traumatic, and you and your family are focused on recovery. However, […]
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