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 Does a Philadelphia Car Accident Lawyer Do?
How Can a Car Accident Attorney Help With My Case?
Choosing a Philadelphia car accident attorney is a decision not to be taken lightly. Car accidents can lead to serious injuries, which can have a lifelong impact. Those who have traffic accidents know that in many cases, a great deal of physical, emotional, and psychological healing is necessary. If you’ve just emerged from a traumatic situation like a car accident, you want to make sure that the person fighting on your behalf and protecting your rights is the right fit for you.
But where to begin when looking for an attorney after a serious car accident? Many people have never had the need to work with a personal injury lawyer before, and the process of finding one — and understanding why you need one — can feel overwhelming. Some folks may consider trying to navigate the legal components of their car accident without professional help, […]
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Common Types of Car Accidents
Injured in a Car Accident? We’re Here to Help.
Regardless of what type of car accident you’ve been involved in, if you’ve been injured, you’re not alone. After a car accident injury, you may be feeling overwhelmed. Don’t try to recover alone. At Munley Law Personal Injury Attorneys, our car accident attorneys have been helping injury victims for decades. We handle car accident cases regardless of what type of accident it was or its cause.
With a long history of winning cases, the car accident lawyers at Munley Law Personal Injury Attorneys have earned national recognition for their success. We have been named among the Best Lawyers in America (via Best Lawyers), Pennsylvania Super Lawyers, and the nation’s Best Law Firms (U.S. News and World Report).
Call us today or use our online form for a free consultation. […]
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Multi-Vehicle Accident Lawyer
If You Were Injured in a Multi-Vehicle Accident, Munley Law Personal Injury Attorneys is here to Help
Multi-vehicle accidents, also known as pile-ups or chain reaction crashes, can be extremely destructive, traumatic events. Getting into a car accident with another driver is always stressful and a scary experience. But an accident involving multiple cars, trucks, or buses can be especially devastating. These types of accidents can cause serious damage, life-threatening injuries, and lasting trauma. What’s more, they tend to be legally complex, and present unique challenges when it comes to determining liability. In order to receive fair compensation for your injuries, you will need a highly skilled injury lawyer with experience handling multi-vehicle car accident cases.
Whether you were in a three-vehicle crash on a city street or a massive pileup on the highway, an experienced car accident attorney at Munley Law Personal Injury Attorneys is ready to help you with your claim. […]
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What Can I Sue for After a Truck Accident?
A 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 Kind of Cases Do Personal Injury Lawyers in Philadelphia Handle?
Understanding Types of Personal Injury Cases
In the Philadelphia area, personal injury lawyers handle cases of every type, ranging from serious, life-threatening accidents, to minor injuries. A personal injury is generally defined as an injury that occurs due to someone else’s negligence. It could range from a truck accident due to driver fatigue to a slip and fall that occurs because a property owner failed to keep their space safe. Personal injury cases usually involve seeking a settlement around physical and/or emotional damages.
Every case is different, so it is important to work with an experienced Philadelphia personal injury attorney who has a winning track record. At Munley Law Personal Injury Attorneys, we have been practicing personal injury law for more than 60 years. Every Philadelphia personal injury lawyer at our firm believes in fighting hard to ensure you get the compensation you deserve. […]
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