Negligence

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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How Are Medical Bills Paid After a Car Accident in Bensalem?

How are medical bills paid after a car accident in Bensalem? If you’ve been involved in a car accident in Bensalem, Pennsylvania, you may be facing not only physical and emotional challenges but also the daunting prospect of dealing with medical bills. In such a stressful time, understanding how medical bills are paid can provide you with valuable information and peace of mind. At Munley Law Personal Injury Attorneys, our Bensalem car accident lawyers have extensive experience in helping car accident victims in Bensalem and the surrounding areas navigate the complex process of medical bill payment.

Insurance Coverage for Medical Bills

One of the primary sources of payment for medical bills after a car accident is insurance coverage. In Pennsylvania, drivers are required to carry a minimum amount of auto insurance, which includes:

Medical Benefits (Med Pay)

Medical Benefits, often referred to as Med Pay, […]

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What Happens If You’re in an Accident with a Rental Car?

What Happens If You’re In An Accident With a Rental Car?When you’re in an accident with a rental car, the last thing you need is more stress trying to figure out insurance coverage. You likely have multiple layers of protection available. Your auto insurance may cover the incident, the rental company’s optional coverage could kick in, and even the credit card you used to rent the vehicle might provide insurance benefits.

If you’ve been hurt in a rental car accident, don’t hesitate to reach out to a car accident attorney at Munley Law who can guide you through this challenging time. They’ll work hard to protect your interests and help you get the compensation you deserve while taking the burden of dealing with multiple insurance claims off your shoulders.

Who Covers a Rental Car Accident?

When you’re involved in a rental car accident, there can be several sources of coverage. First, […]

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Average Settlement for a Pedestrian Hit By a Car

Pedestrians are often far more vulnerable than motorists when navigating busy cities and towns. In a car, a motorist or passenger is surrounded by a steel frame that absorbs the shock of impact during a collision. A pedestrian is not afforded nearly the same degree of protection.

You may deserve compensation if you’ve been harmed in a pedestrian accident you believe resulted from the negligence of another party. Although settlement amounts can be substantial in these cases, as injuries in a pedestrian accident are often serious, the “average” settlement after a pedestrian accident varies widely. Factors like whether a victim has proper representation can play a significant role in the outcome of a case.

Still struggling with the physical and emotional aftermath of being struck by a vehicle, wondering if legal action is your next step? At Munley Law, our pedestrian accident attorneys have guided countless pedestrians through this exact situation, […]

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Where Do Pedestrians Get Hit the Most?

person crossing the street as car comes around cornerWhere do pedestrians get hit the most, and who is liable for their injuries or deaths? At Munley Law Personal Injury Attorneys, we represent personal injury victims and their families who have been injured as a result of someone else’s negligence. 

If you were a pedestrian who was hit in a car accident, contact the compassionate pedestrian accident attorneys at Munley Law for a free case evaluation. 

Where Are Pedestrian Accidents Most Likely to Occur?

According to the Centers for Disease Control and Prevention (CDC), one in six people who died in car accidents in 2020 were pedestrians; this equates to more than 7,000 pedestrians killed in collisions in the year alone.

Of reporting pedestrian accidents, the CDC finds that pedestrians get hit the most in urban areas, on roadways away from intersections where drivers travel at higher speeds, […]

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Lancaster Medical Malpractice Lawyer

When you seek treatment from a healthcare provider in Lancaster, PA, you assume they will help you heal from injury and illness. You likely don’t imagine that a doctor will cause harm or that they will allow harm to befall you.
Lancaster medical malpractice attorneyUnfortunately, healthcare providers can be negligent. If you or a loved one have struggled with injuries, illness, medical bills, and other such consequences because a medical professional was negligent, you may seek compensation by filing a medical malpractice claim or lawsuit.

Serving the area for 65 years, the Lancaster medical malpractice lawyers at Munley Law can review your case and fight for the compensation you deserve if you decide to take action. Learn more by contacting us today for a free consultation.

Understanding Medical Malpractice in Lancaster, PA 

Medical malpractice occurs when a healthcare provider fails to provide a patient with the quality of care that a reasonable healthcare provider would generally offer in a given situation. […]

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Bensalem Product Liability Lawyer

Has a defective product injured you in Bensalem? Every year, faulty products like exploding pressure cookers, collapsing strollers, and malfunctioning power tools cause severe injuries to consumers. Even everyday household items can be dangerous – Bensalem product liability lawyerfrom space heaters that catch fire to unstable furniture that tips over unexpectedly.

Medical devices aren’t immune, either. Defective pacemakers, failed joint replacements, and faulty insulin pumps have caused severe harm to patients. Problems with faulty automotive parts like faulty airbags, failing seatbelts, and defective tires have led to life-threatening vehicle accidents.

If you’ve been hurt by any defective product in Bensalem, don’t face this alone. Contact the Bensalem product liability attorneys at Munley Law for a free case evaluation. Our experienced team will help you understand your rights and fight for the compensation you deserve – whether your injury came from a faulty children’s toy, […]

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Lancaster Lyft Accident Lawyer

Rideshare crashes can and do happen in Lancaster, Pennsylvania. Although scheduling a ride with Lyft may be a safe option for getting from point A to point B, it’s important to be prepared in the event of a crash. You may be eligible for compensation via the rideshare company or another such party if you’re hurt in a Lancaster Lyft accident resulting from negligence.

Learn more by discussing your case with a Lyft accident attorney with experience handling Pennsylvania Lyft accident cases. At Munley Law, an accident attorney can review your case, discuss legal options, and provide representation to fight for the compensation that’s recoverable. Learn more about how we can help after a Lyft accident in Lancaster by contacting us today for a free consultation.

Understanding Lyft Accidents in Lancaster, PA

Lancaster Lyft accident lawyerStatistics on Lyft and rideshare accidents in Pennsylvania are currently unavailable. […]

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Lancaster Uber Accident Lawyer

The path forward isn’t always clear when you’re hurt in an Uber accident in Lancaster. As an injured passenger, you may be dealing with medical bills, missed work, and the stress of recovery – all while trying to figure out who’s responsible for your injuries. At Munley Law, we’ve helped many Uber accident victims understand their rights and get the compensation they deserve, whether your Uber driver, another vehicle, or unsafe road conditions caused the accident. If you’re recovering from an Uber-related injury, let us handle your case while you focus on healing.

Understanding Uber Accidents in Lancaster, PA

As rideshare services like Uber become increasingly popular, the frequency of Uber accidents has risen — raising significant safety concerns. According to Uber’s U.S. Safety Report, Uber-related motor vehicle fatalities peaked at 153 in the 2021-2022 reporting period.  Fatalities aside, […]

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Lancaster Product Liability Lawyer

When a defective product causes injury in Lancaster, you need answers and action. At Munley Law, our attorneys identify who’s responsible – from the manufacturer to the store that sold it – and pursue maximum compensation for your injuries. If a product has harmed you or a family member, call our Lancaster product liability attorneys for a free case review. We handle injury cases involving consumer products, medical devices, and more.

Understanding Product Liability in Lancaster, PA

Product liability refers to the legal responsibility of manufacturers, distributors, and retailers for injuries caused by flawed products. In Lancaster, this area of law protects consumers who are harmed by unsafe products. There are three main types of product defects: design defects, manufacturing defects, and marketing defects.

Design Defects

Design defects occur when a product is inherently unsafe because of how it was designed. […]

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Are Electric Scooters Legal In Pennsylvania?

Electric scooters, or e-scooters, have quickly become a popular mode of transportation on the roadways of many busy U.S. cities. They’re convenient, affordable, and an eco-friendly alternative to cars. Like e-bikes, companies like Lime and Bird provide low-speed e-scooter-sharing services in cities worldwide. But while electric scooters are legal in many other places, Pennsylvania has needed to catch up in getting on board.

Current Legal Status of Electric Scooters in Pennsylvania

Right now, Pennsylvania state law has strict rules regarding e-scooters. Pennsylvania has some hurdles, unlike some states, such as California, Texas, and Washington, where you can easily rent or own one and ride freely.

Are Electric Scooters Legal In Pennsylvania?Pilot programs in some cities

Certain cities in Pennsylvania have started pilot programs to evaluate the potential impact of electric scooters, even though they still need to be fully legalized statewide. In places like Pittsburgh, companies can offer electric scooter rentals under strict rules and local laws that help city governments understand how scooters affect safety, […]

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Lancaster Nursing Home Abuse Lawyer

Placing your loved one in a nursing home or assisted living facility likely wasn’t a decision you made lightly. You thought this placement would be the best option to keep your loved one safe and ensure they received the necessary medical treatment. Elderly loved ones are, of course, more prone to injury, which is probably one reason you selected a nursing home or assisted living facility. You could have never imagined that the carefully selected facility you chose would commit elder abuse. Still, unfortunately, nursing home residents are often victims of various forms of abuse, from emotional abuse to financial abuse and medical neglect.

Understanding Nursing Home Abuse and Neglect in Lancaster, PA

In Lancaster, nursing home abuse and neglect can take many forms; the most common we see in nursing homes, assisted living facilities, and long-term care facilities include:

  • Unsanitary living conditions
  • Poor hygiene
  • Physical abuse
  • Physical neglect, […]

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Suing a Neighbor for an Injury on Their Property

Suing a Neighbor For An Injury On Their Property
Property owners are responsible for keeping the property they invite others into safe. If they fail to clear the space of hazards and someone gets hurt, the injured person has the right to sue the negligent property owners responsible for their injuries.

If you or your loved one were injured on a neighbor’s property, you have the right to file a premises liability lawsuit against their insurance company. An experienced premises liability attorney at Munley Law will guide you through the claims process and help you recover fair compensation for your injuries and losses. Call today for a free consultation.

If I’ve Been Injured at My Neighbor’s Home, Can I Sue?

The short answer is, yes, you can sue if you were injured at your neighbor’s home. However, you must be able to prove the four elements of negligence to have a valid premises liability claim. […]

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3-Car Accident: Who Is at Fault?

3-Car Accident: Who is At Fault?Statistically, multi-vehicle accidents are more dangerous than two-vehicle crashes. Why? Because there are more vehicles involved, which increases the impact points. These accidents often occur on highways or major roads where vehicles are traveling at higher speeds. Three-way car accidents can trigger a domino effect and chain-reaction accident. The force of multiple impacts can result in more severe injuries to accident victims, including traumatic brain injuries, spinal cord injuries, and internal bleeding.

If you or your loved one were in a 3-car accident, you may have the right to file a car accident claim against the responsible parties. The Munley Law car accident lawyers have won millions for our clients, including a $17.5 million car accident settlement. We offer a free initial consultation where we will provide a reasonable assessment of your claim. Fill out our online contact form or call today to schedule your consultation. […]

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Tire Defect Attorney

Tire defects can render an otherwise safe vehicle too dangerous to drive. Unfortunately, it’s not always immediately clear when a tire is defective. Tire failures often strike without advanced warning.

Have you been hurt in a tire blowout or other tire-related accident? Compensation for your medical bills and related losses may be available.

Speak with an experienced tire defect lawyer for more information about your case. At Munley Law, serving the area for decades, we can offer the representation you need when facing off against large insurers and tire makers. Learn more by contacting our product liability attorneys today for a free consultation.

Understanding Tire Defects and Their Dangers

Tire Defect AttorneyTire defects come in several forms, including:

  • Tread separation
  • Punctures
  • Damaged sidewall
  • Cracks

Defective tires can cause accidents by causing loss of vehicle control. […]

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Erie Truck Accident Lawyer

Commercial truck accidents can cause unimaginable damage due to the average size and weight of commercial trucks—often many, many times larger than other vehicles. Too many Erie, Pennsylvania, drivers are harmed by negligent truckers and trucking companies. If you or a loved one have sustained injuries in a trucking accident, don’t hesitate to seek legal representation from an Erie truck accident lawyer at Munley Law. Working with our legal team is your best path forward as you seek justice and fair compensation. Contact us today to schedule a free consultation and learn how we can protect your interests.

What Does an Erie Truck Accident Lawyer Do?

Erie Truck Accident Lawyer

If you have sustained serious injuries in a truck accident, your head might be swimming with questions: how will I pay for my medical bills? Where does the insurance company come in? […]

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Rollover Truck Accidents

Rollover truck accidents, where a commercial truck flips onto its roof, are some of the most dangerous types of accidents on the road. If you’ve been injured in a rollover accident or tragically lost a loved one due to another driver’s negligence, the aftermath can be overwhelming. We understand the emotional and financial strain a rollover accident can cause. That’s why we offer free consultations to discuss your case with an experienced truck accident attorney to review the details of your claim, advise you on your legal options, and guide you through every step of the process.

At Munley Law, our experienced trucking accident lawyers understand the unique challenges associated with rollover accidents. We’ve been fighting for the rights of injured victims since 1959, and our dedication has resulted in recovering maximum compensation for thousands of clients. Get the support you deserve during this difficult time. […]

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When Should I Hire a Car Accident Lawyer?

A Car Accident Lawyer Can Help with Maximum Compensation

Car Damaged in Accident

Following a car accident, one choice you’ll need to make is if you need a car accident lawyer or not. Car accident victims need an ally on their side to navigate insurance companies and take on the other driver. If you are unsure how to proceed in your car accident claim, a car accident lawyer can help you determine your next steps.

If you suffered car accident injuries, learn more about when you should hire a car accident lawyer.

When You Need A Car Accident Lawyer

If you are involved in a car accident that resulted in serious injuries, lost wages, and piling medical bills, you are likely going to need a personal injury lawyer or car accident lawyer to recover damages in a car accident case. […]

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Train Derailment Lawyer

The experience of a train derailment lawyer can be invaluable after what can be a terrifying and life-altering event. With the force and impact of a train accident, severe injuries, loss of life, and significant property damage aren’t uncommon. If you or someone important to you has been injured in a train derailment, medical bills, rehabilitation, and emotional trauma might be taking their toll. With everything you’re dealing with, you may not be sure what the next move is. Train derailment lawyers understand the complexity of train accident cases and are committed to helping you get the compensation you deserve so you can focus on healing and moving forward.

Whether you were a passenger on the train, a railroad employee, or a driver or passenger in a motor vehicle involved in the crash, you may be entitled to compensation for your injuries and/or the death of your loved one. […]

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Cement Truck Accidents

Few types of accidents on the road are more destructive or more frightening than a crash with a cement truck. When you’ve been hurt in a cement mixer truck accident, you need a special kind of lawyer to help you collect financial compensation and make you whole again. A cement truck accident lawyer at Munley Law Personal Injury Attorneys can stand by your side and make sure you receive every penny you deserve. The consultation is free, and we don’t get paid unless we win your case.

Our experienced truck crash lawyers are certified in Truck Accident Law by the National Board of Trial Advocacy, and attorneys from Munley Law have twice led the American Association for Justice’s Trucking Law Group. Our legal team has the experience and understanding of truck accident law to take our client’s cases to trial and to negotiate forcefully with insurance companies on their behalf. […]

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Florida Truck Accident Lawyers

Florida’s truck route network supports a steady flow of goods along I-95, I-75, I-4, and I-10, but with so many commercial vehicles on the road, serious crashes are bound to happen. If you were injured in a collision with a delivery truck, freight carrier, or long-haul rig, your Florida truck accident lawyer with Munley Law is ready to help. With over 50 million dollars in damages recovered and decades of success, our top rated truck accident lawyers know how to hold trucking companies accountable when their carelessness puts lives at risk.

Florida Truck Accident Attorneys with Proven Results

When you are hurt in a serious crash with a commercial vehicle, experience matters. You need a team that knows Florida law, understands trucking regulations, and can build a case that gets results. Our Florida truck accident attorneys are trusted by injured drivers and families across the state because we have done it before, […]

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