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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Stroudsburg Tractor Trailer Accident Lawyer
With more than 60 years of experience fighting for the rights of those injured in truck accidents in Monroe County, the Stroudsburg tractor trailer accident lawyers at Munley Law are the firm for your tractor trailer accident. You don’t have to handle it alone. The trucking companies will do everything they can to provide you with minimum financial relief, and the insurance companies will point fingers to do the same. But Munley Law knows how to help.
If you or a loved one were hurt in a tractor trailer accident in Stroudsburg, do not take on the trucking companies alone. Our Stroudsburg truck accident lawyer is here to support you and your family in your time of need. Call today to schedule a free consultaiton.
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What Happens If Someone Hits You and They Don’t Have Insurance?
It is estimated that 1 in 8 drivers in the United States are uninsured. Unfortunately, this means if you are involved in a car accident, you may encounter an uninsured motorist. But what happens if someone hits you and they don’t have insurance?
The answer largely depends on the state you live in. Sometimes, your own insurance may cover the losses you incurred in the collision and in others, you may have to file a personal injury lawsuit.
The extent of your injuries as well as if you carry uninsured motorist (UM) coverage or underinsured motorist (UIM) coverage in your insurance policy will also determine where and how you can seek compensation.
Munley Law car accident attorneys help drivers involved in car accidents with uninsured motorists and can explain your options.
What Type Of Auto-Insurance Coverage Am I Required To Hold? […]
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Truck Accident Questions & Answers
Q: What can I do to protect myself after an accident with a big truck or tractor-trailer?
A: Truck and bus cases are very complicated and require the immediate attention of a truck accident lawyer who has a record of success in handling big truck cases. Trucking companies will typically have unlimited resources that include teams of lawyers and experts who are prepared to fight against any lawsuit you may file as a result of an accident—regardless of how injured you are. If you have been hit by a truck, the best way to protect yourself is to contact an experienced truck accident attorney who will defend your rights and ensure that you are fairly compensated.
Q: What should I do at the scene of a truck accident?
A: While you are at the scene of the accident, you should do the following:
- Remain calm and remain in your vehicle (unless it’s too dangerous to do so)
- Turn on your hazard lights
- Call 911 even if your accident seems minor
- Seek medical attention for any injured drivers or passengers
- Unless necessary, […]
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Semi Truck Accidents
A semi truck accident can be a life-altering experience for both you and your family. You could be facing serious injuries that can take months if not years to recover from. Your family could suffer the financial burden of paying the medical expenses without the help of your income. In many cases, the injuries sustained in the accident may be fatal and your family will be left to pick up the pieces afterward. If you get into a trucking accident with a semi truck, do you know what your next steps should be?
For more than 60 years, the truck accident lawyers at Munley Law have represented drivers, passengers, pedestrians, and truck drivers who have been seriously hurt in accidents with semi trucks. If you or someone you love was hurt in a crash with a semi, you will need someone on your side to make sure the trucking company is held responsible. […]
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Stroudsburg Personal Injury Lawyers
The board-certified Stroudsburg personal injury lawyers at Munley Law Personal Injury Attorneys have spent the last six decades building a national reputation as leaders in personal injury law. Our attorneys have earned the highest possible client and peer review ratings and have received national recognition for our settlements and verdicts. Let us help the injury victims get the justice you deserve.
If you’ve been injured or lost a loved one due to negligence in the Stroudsburg area, you need an experienced, aggressive representation by your side to help you with any legal matters that arise. Contact Munley Law Personal Injury Attorneys today to learn how we can help you understand personal injury law. Chat, email, or call for a free consultation with a Stroudsburg personal injury lawyer and let us help with your injuries.
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