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
How Long Does it Take to Receive My Personal Injury Settlement?
If you or a loved one have been injured due to someone else’s negligence, you know how overwhelming an accident’s
aftermath can be. Managing medical appointments, financial losses, and daily tasks can be exhausting. Maintaining financial stability for your family may seem impossible, and you are wondering when a settlement is reached, how long it will take to get paid? Compared to the time it takes to settle a claim, the wait for payment is usually short. Once your claim settles, you can receive the money within a few weeks.
At Munley Law, we understand the financial burdens you are facing. Our personal injury lawyers will work hard to make sure you receive your settlement check in a timely fashion. Contact our personal injury law firm today to schedule a free consultation.
Steps Involved in Receiving a Personal Injury Settlement
A formal settlement agreement is created once both parties agree on a settlement. […]
Read MoreMore information about Negligence
How Much Is a Back Injury Worth in an Accident?
Dealing with the aftermath of a back injury from an accident on the road, during your commute, or at work can be challenging. It’s difficult to estimate the cost of your recovery and future care. An experienced personal injury lawyer can help. They will assess your situation, gather the necessary documents, like medical bills and lost wages, and consider your pain and suffering. They will then determine a fair value for your personal injury claim. 
Munley Law Personal Injury Attorneys has over sixty-five years of experience with back injury accident claims. We have the resources to help our clients file a claim and receive maximum compensation. Contact one of our skilled attorneys at Munley Law Personal Injury Attorneys today for a free case evaluation.
How Much Is the Average Settlement for a Back Injury?
The Occupational Safety and Health Administration (OSHA) reports back injury claims to average between $40,000 and $80,000. […]
Read MoreMore information about Negligence
Pennsylvania Truck Accident Lawyer
If you or a family member were injured or killed in an accident involving a tractor-trailer, contact our award-winning Pennsylvania truck accident lawyers at Munley Law Personal Injury Attorneys for a free consultation. For 65 years, our PA truck accident attorneys have been fighting and winning big for truck accident victims. We are the only law firm in Pennsylvania that has three truck accident attorneys with board certification from the National Board of Trial Advocacy. Our knowledge and success with truck cases has made Munley Law Personal Injury Attorneys a recognized leader in truck accident litigation all over the United States. No other truck accident lawyer in Pennsylvania can match our level of truck expertise.
If you are unsure what happens next after a truck accident, let us put your mind at ease. Get started on recovery with a free consultation with one of our Pennsylvania semi-truck accident lawyers. […]
Read MoreMore information about Negligence
What is Workers’ Comp Mediation?
What is Workers’ Compensation Mediation?
If you’re injured on the job in Pennsylvania, your workers’ comp lawyer will discuss with you the role a workers’ compensation mediation plays in your litigation process. Even if you are familiar with the Pennsylvania workers’ compensation mediation process, you might not understand how the settlement conference affects your claim, or the compensation you need for your injuries. Learning the basics of a workers’ comp mediation beforehand can give you the advantage you need, so you can obtain the outcome you want.
Your workman’s comp attorney will prepare you for your mediation conference and answer any questions you may have ahead of time. However, the following information will guide you through a Pennsylvania workers’ compensation mediation from beginning to end, giving you an expert’s view on the proceeding. You’ll learn about the attendees at a workers’ […]
More information about Negligence
An Insurance Adjuster Calls After Your Car Accident. What Should You Do?
How to Interact with Insurance Adjusters After a Car Accident
If you or a loved one have been in a car accident, your main focus should be on caring for and recuperating from injuries and the trauma that has been endured. Insurance claim adjusters often prey upon victims’ vulnerability by trying to negotiate early settlements, and by getting the injury victim to make statements that can infringe upon how much you are truly entitled to. At this time, thinking about recovering compensation from insurance companies may seem stressful and the last thing that you want to worry about; a car accident lawyer can alleviate these stresses. You need an experienced car accident lawyer that has a proven track record.
For over 60 years, the award-winning personal injury lawyers at Munley Law have fought for the rights of accident victims throughout Pennsylvania. […]
Read More
