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 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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Workers Compensation Lawyer for McLane Warehouse Injuries
Warehouse injuries remain one of the most commonly listed reasons for an employee seeking workers’ compensation benefits. With accidents involving dangerous machinery that can lead to crushed limbs, hands or fingers and even amputation, broken bones, lacerations, electrical burns, and wrongful death, these employees need all the protection they can get.
If you are employed by a McLane Warehouse and have been hurt at work, let Munley Law Personal Injury Attorneys assist you in the workers’ compensation process.
About McLane Warehouses
McLane Company, Inc. is one of the largest supply chain services in the United States, providing grocery and foodservice solutions for a number of stores and chain restaurants. McLane operates more than 80 distribution centers and buys, sells and delivers more than 50,000 consumer products to nearly 110,000 locations across the U.S. Further, McLane employs over 20,000 employees. […]
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What Happens If My Uber is in an Accident?
If you’re feeling unwell, have had a few drinks, or don’t trust yourself driving at night, calling a car through the Uber app is the right choice. Unfortunately, however, calling a car doesn’t always guarantee a safe journey.
If you or a loved one were injured in an Uber accident, Munley Law Personal Injury Attorneys is here to ensure you get the justice you deserve. Car accidents are traumatic events on their own. The aftermath of a crash, however, can be just as intimidating to manage if you don’t have the right resources. Between handling your medical care, claims with your insurance company, and potentially even lost wages, it is easy to feel overwhelmed.
Deciding to seek compensation for an Uber accident injury, though, can help to relieve some of this pressure. Reaching out to an experienced car accident lawyer can make a massive difference in winning you the outcome you deserve, […]
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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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