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
More information about Negligence
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, […]
Read MoreMore information about Negligence
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. […]
Read MoreMore information about Negligence
What to Do After a Pennsylvania Truck Accident
Know the steps to get the care and compensation that you are entitled to
Pennsylvania roads are experiencing the return of routine work and school commuting schedules. The pandemic has demanded more remote buying, and a need to employ more truck drivers to meet the demand. With this increase in volume, truck accidents have escalated in the past few years. The emotional, physical, and financial traumas that truck accidents and car accidents arouse can seem overwhelming, to say the least. During this trying time, it is hard to know what to do, in what order, and how to create the best outcome.
If you or a loved one were involved in a truck accident in Pennsylvania, Munley Law Personal Injury Attorneys is your best advocate. With more than 60 years of experience, Munley Law Personal Injury Attorneys’s nationally recognized truck accident attorneys aggressively pursue the justice and compensation that you and your family deserve. […]
Read MoreMore information about Negligence
What Damages Can I Recover in a Truck Accident Claim?
A truck accident can change your life. There are the obvious consequences: your vehicle might be totaled. Your injuries leave you in pain, facing a lengthy recovery, and unable to work. You might have PTSD or severe mental anguish in the wake of your accident. Then there are the financial consequences. Many accident victims and their families are not prepared for the astronomical costs they face after being in a truck accident. The accident wasn’t your fault, so you shouldn’t be left with the bill. Unfortunately, you are unlikely to receive full, fair compensation from the at-fault parties without the help of a truck accident lawyer.
A truck accident lawsuit is often the only path to justice for accident victims. While a truck accident lawsuit cannot reverse the damage that has been done, it can provide you with the resources you need to rebuild your life and protect you from financial struggles. […]
More information about Negligence
What Percentage of Truck Accidents are Caused by Cars?
What Happens When a Car Driver is Responsible for a Truck Accident?
Truck drivers are the heart of America’s infrastructure. In 2020, 10.23 billion tons of freight was transported by trucks in the United States. Food, construction materials, raw materials for U.S. manufacturers, and every vital retail goods sold and shipped in the U.S. relies on big rigs. More than 72 percent of transported items in this country are moved by trucks. The U.S. economy is driven by large trucks. But what happens if you are a truck driver involved in a large truck crash and you are not at fault?
At Munley Law Personal Injury Attorneys, we know picking up the pieces after a truck accident can feel like an insurmountable task. If you or a loved one becomes a victim of a truck accident caused by a passenger vehicle or other motorist, […]
Read More
