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 is the Difference Between Workers’ Compensation and Disability?
If you become hurt at work, you’ll likely begin the process of filing a workers’ compensation claim with your employer to try to get your financial compensation secured for the duration of time you’ll be off the job. However, some employees also qualify for disability benefits through the government.
Many people do not know that there is a difference between workers’ comp and disability but what they do and how they get paid out do differ. To help understand the difference, reach out to an experienced Munley Law Personal Injury Attorneys workers’ comp lawyer.
Key Differences Between Workers’ Compensation and Disability
When you suffer a workplace injury, you may be able to recover losses from workers’ compensation, disability benefits, and Social Security disability insurance, depending on the severity of your case. […]
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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.
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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Workers Compensation Lawyer for Cardinal Glass Warehouse Injuries
Employees who work in the glass manufacturing industry, including a Cardinal Glass warehouse, may experience injuries like cuts, minor lacerations, and burns. However, when employers fail to properly train or remedy some of these workplace safety risks, the results can be fatal.
If you or a loved one are employed by a Cardinal Glass warehouse in Northeastern Pennsylvania and become injured on the job, the workers’ compensation lawyers at Munley Law Personal Injury Attorneys are here for you. Our team has decades of experience helping injured employees throughout Pennsylvania. Let a workers compensation lawyer for Cardinal Glass warehouse injuries ensure you get the justice you deserve.
What Is Cardinal Glass?
According to their website, Cardinal Glass Industries is one of the leading developers of residential glass for windows and doors. With more than 7,000 employees located at 37 manufacturing locations around the United States, […]
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What Can I Do to Protect My Rights After a Car Accident?
In the midst of a car accident, it is totally normal to feel overwhelmed. Navigating the aftermath of a vehicle collision may involve extensive medical care, expenses for damages, litigation with other party, and interfacing with law enforcement. Though the circumstances are undoubtedly stressful, it is important to remain calm and try your best to think clearly. As a resident of Pennsylvania, you have certain rights following an accident. In this article, we’ll walk you through what your rights are and what you can do to protect them after a crash.
At Munley Law Personal Injury Attorneys, we recognize that car accidents can be traumatic experiences. We express our deepest condolences if you or a loved one were injured in a car crash. With over 60 years of experience, we are eager to put our expertise to work for you. Please reach out to us today for your free consultation. […]
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What is the Average Settlement for a Car Accident Case?
Understanding Car Accident Settlements
The 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 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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