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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Bensalem Catastrophic Injury Lawyer
The journey towards securing justice and fair compensation after a catastrophic injury is both distinctive and challenging, which is why it is in your best interest to partner with the Bensalem catastrophic injury lawyers at Munley Law. We offer a free case evaluation to new clients where you will speak with an experienced personal injury attorney who will guide you through the legal process and work to ensure you recover the compensation you deserve.
Understanding the Nature of a Catastrophic Injury
When it comes to personal injuries, not all are created equal. Some are so severe that they drastically change the course of a person’s life, which brings us to the realm of catastrophic injuries.
Definition and explanation of a catastrophic injury
A catastrophic injury typically refers to injuries that have life-altering consequences and prevent individuals from performing any gainful work. […]
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Abington Truck Accident Lawyer
If you or a loved one has been hurt in a truck accident in Abington Township, PA, don’t wait to contact an Abington truck accident lawyer at Munley Law. We have spent over 60 years battling the trucking companies and their insurance companies to make sure truck injury victims in Montgomery County are fully compensated. Reach out to a Munley Law personal injury attorney today to schedule a free consultation and learn how we can protect your best interests.
Common Causes and Types of Trucking Accidents
Statistics from the Pennsylvania Department of Transportation show that in 2022, crashes involving heavy trucks were the highest they had been in five years. These accidents, like accidents involving passenger vehicles, can be caused by a variety of factors, but there are some elements that are specific to truck accidents. In some cases, […]
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Abington Lyft Accident Lawyer
Abington, Pennsylvania is a unique enclave known for its rich history, with landmarks dating back to the Revolutionary War era. Its community thrives in the beauty of Pennypack Creek and Robbins Park. In recent years, the convenience of rideshare services has woven its way into the fabric of Abington’s transport landscape. However, with the rise of this modern transportation method comes the heightened risk of accidents. For those unfortunate enough to experience a car accident, the repercussions are not just physical – the emotional scars can be long-lasting and deeply traumatic. In these trying moments, navigating the maze of liability and compensation alone can be overwhelming. This is where the expertise of the Munley rideshare accident lawyers in Abington becomes invaluable. Our experienced attorneys will guide you through the claims process and make sure you understand all your legal options. Call today for your free case evaluation so we can start the process of recovering the compensation you deserve. […]
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Wilkes-Barre Bicycle Accident Lawyer
When a bicycle is struck by a motor vehicle on a city street, the rider often sustains very serious injuries. After such a bike accident, they will need help getting compensation to pay for their injuries. If this has happened to you, a bicycle accident lawyer in Wilkes-Barre can make the legal process go as smoothly and stress-free as possible for the injured party.
By choosing to hire an experienced Wilkes-Barre bike crash attorneys are fully committed to holding negligent car and truck drivers accountable for the injuries they’ve caused. The Wilkes-Barre injury lawyers at Munley Law have won millions in settlements and verdicts for injury victims. Rest assured that your bicycle accident case is in good hands.
Do I Need a Wilkes-Barre Bicycle Accident Lawyer?
By hiring a Wilkes-Barre bike accident lawyer, you will have someone by your side who can explain what your legal options are and give you an estimation of how much your claim is worth. […]
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Can Medical Malpractice Cause a Stroke?
Understanding Strokes: Types, Causes, Treatments, and Medical Malpractice
Strokes are critical medical emergencies that require swift and accurate treatment to avoid lasting damage. We will examine various stroke types, their causes, available treatments, and the impact of medical malpractice.
Types of Strokes
Delays in treatment can result in permanent disability or death. Stroke symptoms are not unique and can mimic other health issues, leading to potential misdiagnosis of stroke. Common signs of a stroke include:
- Weakness or numbness, particularly on one side of the body
- Paralysis
- Tingling in the arms or legs
- Sudden loss of leg strength
- Severe headache
- Loss of balance or coordination
- Slurred speech
- Inability to speak or understand speech
- Vision changes, such as blurred or double vision
- Dizziness
- Fainting
- Loss of vision
- Death
Strokes can vary in severity from mild to life-threatening, […]
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