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 Chances of Winning a Personal Injury Lawsuit?
When you are hurt in an accident because of the negligence of another, your first instinct may be to just let it go. After such a traumatic experience, it’s easy to want to push past it and move forward. However, other people may see this traumatic experience and immediately think the right move is to sue in a personal injury lawsuit.
But what are the chances of winning a personal injury lawsuit? While no personal injury attorney can guarantee an outcome for your claim or case, working with a reputable law firm can help you win your claim and secure the compensation you need to move forward.
When Can You Sue For a Personal Injury?
There are many accidents that may result in needing to file a personal injury claim or lawsuit to recover the compensation needed to deal with your injuries and financial losses. […]
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Allentown Personal Injury FAQs
Allentown Personal Injury Lawyers That Will Fight For the Money You Deserve
Catastrophic injuries can occur when we least expect them and change our lives forever. If you were injured at work, on the road, or at a local Lehigh Valley business, you may be entitled to compensation for your injuries, medical bills, lost wages, pain and suffering, and other losses. However, large companies and insurance companies will likely make getting the money you deserve as difficult as possible.
That’s where our Allentown personal injury lawyers can help. For over 60 years, Munley Law Personal Injury Attorneys have been fighting for injured clients throughout the Lehigh Valley. Our experienced attorneys have won millions for accident victims in courtrooms and negotiation rooms all over Lehigh County, Pennsylvania, and the entire United States. Our winning lawyers are on standby to discuss your case and our consultations are always free. […]
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Why Is My Car Accident Settlement Taking So Long?
Sitting 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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How Do You Prove a Traumatic Brain Injury?
Whether you were hurt in a car accident, workplace accident, or another personal injury case, receiving a diagnosis of a traumatic brain injury (TBI) can be scary. With more than 64,000 TBI related deaths in 2020 alone, you or your family will be fighting to ensure the proper care is given for the injured victim. But if you were injured as a result of someone else’s negligence, how do you prove a traumatic brain injury was suffered?
At Munley Law Personal Injury Attorneys, we represent personal injury victims and their families who have suffered a traumatic brain injury and now are fighting for compensation from the insurance companies, or the liable party. If you suffered from a TBI following a car accident, workplace accident, […]
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Allentown Workers’ Compensation and Third Party Claims
Allentown Work Injury Lawyers: Munley Law Personal Injury Attorneys Will Help With Third-Party Claims
Work-related injuries can be catastrophic and disastrous. You can sustain long-term injuries or permanent disability as you carry out your daily duties at your workplace. If you get hurt at work in Allentown, you have the right to file a workers’ compensation claim. However, workers’ compensation might not be enough to cover all of your economic and non-economic losses. In many cases, you may be entitled to pursue third party claim damages in addition to your workers’ compensation benefits.
If you get injured at work due to another person’s actions (other than your employer or coworker), you have the right to file for a third-party claim. For instance, if you are driving as part of your job and are struck by a reckless driver, you may file a workers’ […]
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