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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Workers Comp vs Personal Injury – What’s the Difference?
If you’ve been seriously injured, you may be drowning in medical bills, financially struggling, and unsure where to turn. Everyone seems to have advice, and you hear the words workers’ comp and personal injury thrown around a lot. While both provide compensation after an accident, it is important to understand the differences to determine the best option in your case.
Key Differences Between Workers’ Compensation and Personal Injury Claims
Both workers’ compensation and personal injury claims relate to injury, so you may wonder, what is the difference?
An injured employee can file a workers’ compensation claim when injured at work or through the scope of their employment. Workers’ compensation aims to protect injured workers first and foremost.
Personal injury lawsuits are appropriate when a third party has injured you. Personal injury claims are your best option if you have suffered an injury that is not work-related (for example, […]
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Pennsylvania Workers Compensation Lawyer
Our dedicated Pennsylvania workers’ compensation lawyers have been representing the hardworking families of Pennsylvania for more than 60 years. We are here to help you navigate the process and fight for the benefits you deserve. From the claims process to appeals and everything in between, we are here to make sure Pennsylvania workers get the help they need until they’re ready to return to work.
Contact Munley Law today for a free consultation. Whether you’ve received a denial letter or are uncertain about the claims process, there’s no risk in calling a lawyer for a consultation. The consult is free of charge.
Why Choose Our PA Workers’ Compensation Lawyers?
Choose Munley Law workers’ compensation lawyers for their unparalleled expertise, dedication to achieving maximum compensation, and commitment to personalized, compassionate client service. Let an expert Pennsylvania workers comp attorney at Munley Law help you navigate your worker’s compensation claim. […]
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Allentown Construction Accident Lawyer
Injured on a construction site? Contact an Allentown construction accident lawyer at Munley Law for a free consultation today.
If you’ve been injured in a worksite incident in Allentown, our experienced construction accident lawyers understand what you’re facing. For 65 years, our team has helped injured workers recover damages for medical bills, lost wages, and long-term care.
Building sites in Allentown and the Lehigh Valley present serious risks to workers. Every year, injuries from falls, equipment malfunctions, and unsafe working conditions leave workers unable to support themselves and their families. At Munley Law, we represent hard-working Pennsylvanians and fight to protect your livelihood.
Contact today for a free consultation with our construction accident lawyers. We charge no fee unless we win your case.
How Often Do Construction Accidents Occur in Allentown, PA?
Construction accidents in Pennsylvania often lead to severe injuries that can permanently affect a worker’s ability to earn a living. […]
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Scaffolding Accident Lawyer
Scaffolding accidents are among the most common causes of construction site injuries. From falls to equipment malfunctions, these accidents can result in long-term physical, mental, and emotional challenges. What makes these cases particularly complex is the number of potential parties responsible, from the scaffolding manufacturer to the employer — or even a subcontractor. 
After an accident, knowing your legal rights helps you get fair payment for your medical bills, missed work, and other hardships. Our scaffolding accident lawyers have extensive experience with workplace injury cases and insurance claims. We’ll guide you step-by-step through filing your claim and work to get you maximum compensation owed to you.
Scaffolding Accident Rights and Claims
Falls, equipment failures, and scaffold collapses often cause severe injuries at construction sites. While workers’ compensation covers your medical care and missed wages, […]
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What to Do While on Workers’ Compensation in Pennsylvania
Receiving workers’ comp benefits in Pennsylvania limits an injured worker’s activities. If your workers’ comp claim is in progress or has been approved, you may have questions about what you can and can’t do while receiving entitlements. Your claim benefits can be reduced or revoked if the insurance company or your employer can show that you don’t require them.
Workers’ compensation rules can feel overwhelming. Medical treatment, returning to work, and even personal activities can impact your recovery and entitlements. Physical recovery should always be your first priority. When you are focused on that and following your doctor’s orders, your workers’ compensation claim process should proceed more smoothly.
Unfortunately, your employer or insurance company paying for your entitlements will watch for any opportunity to revoke or reduce your compensation payments. For this reason, having an experienced Pennsylvania workers’ […]
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