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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Medical Malpractice Attorney
We trust medical professionals to make the right choices for our medical care. But when errors occur in diagnosing, treating, or monitoring a patient, the results can be catastrophic and even fatal. The medical malpractice lawyers of Munley Law understand how devastating a negligent medical error can be and the long-term implications it can have on your family.
For 65 years, the personal injury lawyers of Munley Law have represented injured victims of negligent medical practices. We can handle negotiations with insurance companies or take your case to court with a medical malpractice lawsuit. Call the medical malpractice attorneys of Munley Law today for a no-obligation, free consultation.
What Is Medical Malpractice?
The National Library of Medicine defines medical malpractice as “any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.” […]
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Common Types of Truck Accident Cases
A collision with a large commercial truck can be one of the most devastating and serious accidents a motorist can be involved in. There are many types of truck accidents but they have one thing in common: They can all have long-lasting effects on truck accident victims. If you were involved in a car accident with a commercial truck, you will need an experienced truck accident lawyer at Munley Law for your personal injury.
Don’t wait. Contact a truck accident attorney today for a free consultation.
What Are the Common Types of Trucking Accidents?
A truck accident refers to any collision or incident involving a commercial truck, such as a semi-truck, tractor-trailer, or other large freight carrier. These accidents can involve a variety of scenarios, including collisions with other vehicles, pedestrians, or fixed objects, as well as rollovers, jackknifes, and other types of incidents. […]
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Kentucky Truck Accident Lawyer
Kentucky’s roads are no stranger to long-haul trucking. Major interstates like I-64, I-65, I-71, I-75, and I-24 connect
essential cities and states and see much trucking activity. Highways and parkways like the Bluegrass Parkway, Western Kentucky Parkway, and Cumberland Parkway are also well-traveled for regional logistics.
With so many trucks on the road, accidents are bound to happen. Because of all the details involved with commercial vehicle accidents, getting fair compensation can be complicated if you or a loved one is injured in a truck accident in Kentucky.
Building a solid case involves thorough investigation, understanding trucking regulations, and sometimes recreating the accident scene. Insurance companies often try to settle for as little as possible, so knowing your rights is essential. This is where the expertise of a personal injury lawyer specializing in truck accidents comes into play.
About Our Truck Accident Law Firm
At Munley Law, […]
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Tractor Trailer Accidents
The Munley Law tractor trailer truck accident lawyers have won millions for our clients, securing their financial future amid overwhelming uncertainty. We deeply understand what you and your family are going through, and we are confident we can help.
Your initial consultation with one of our trucking accident attorneys is always free. Call today to speak with an experienced trucking lawyer who will guide you through the claims process and spearhead your case.
The Role of a Tractor Trailer Accident Attorney
Simply put, your truck accident lawyers should completely take over the truck accident claim for you. Your only responsibility during the process should be to recover and start to rebuild your life. Here is what your truck accident lawyer should be handling:
- Determining Liable Parties: The truck accident attorneys will gather evidence from the accident scene, […]
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Tanker Truck Accidents
If you were injured in a tanker truck accident, you probably have hundreds of questions swirling in your head: What will my life look like moving forward? How will I pay for the property damage and my new medical bills? Those questions are valid, and the tanker truck accident lawyers at Munley Law have answers.
At Munley Law, we offer free consultations to new clients. You can sit down with an experienced truck accident lawyer who will assess your case, answer your questions, and lay out your legal options.
What is a Tanker Truck?
Because of the type of cargo carried, an accident involving tanker trucks can cause widespread devastation to other vehicles and their passengers in mere minutes. The impact of the truck accident can inflict a lifetime of hardship on each victim. Tanker trucks carry gasoline, diesel, and liquefied petroleum or natural gas. […]
