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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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. […]
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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. […]
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Bad Faith Insurance Lawyers
When you pay your insurance premiums month after month, you expect your provider to uphold their end of the bargain if you ever need to file a claim. Unfortunately, some insurers prioritize protecting their profits over treating policyholders
fairly. That’s when you need an experienced bad faith insurance lawyer in your corner.
A bad faith insurance attorney knows the unfair tactics insurers use, like delaying or denying valid insurance claims and refusing to pay reasonable settlements. When an insurer violates its obligations, bad faith insurance claim lawyers fight to hold them accountable.
If you believe you have a bad faith insurance claim, contact the insurance lawyers at Munley Law to schedule a free consultation.
What Constitutes Bad Faith?
Bad faith refers to an insurance carrier acting unreasonably or breaking their contractual duties and obligations to you. […]
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Workers’ Compensation Death Benefits
Losing a loved one to a workplace accident or a work-related illness is a devastating experience. In addition to the emotional toll, families often face financial hardships due to the sudden loss of income. Pennsylvania workers’ compensation death benefits are designed to provide financial support to the dependents of workers who die as a result of work-related injuries or illnesses.
Understanding Workers’ Compensation Death Benefits in Pennsylvania
Workers’ compensation is a state-mandated insurance program that provides weekly benefits to employees who suffer work-related injuries or illnesses.
The primary goal of this system is to ensure that injured workers receive prompt and fair compensation for medical expenses, lost wages, and rehabilitation costs without litigation. In return for these guaranteed benefits, employees generally forfeit the right to sue their employer for negligence, creating a balanced system that protects workers and employers. […]
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Workers’ Compensation Third-Party Claims in Pennsylvania
When workers get hurt at work or become sick due to working conditions, Pennsylvania has a legal safety net that ensures they are financially protected while recovering from their injuries. This safety net usually comes in the form of workers’ compensation insurance, which almost all employers are legally required to carry for their employees, starting on their first day of employment. Most people are familiar with this concept of filing a claim when injured on the job. However, what happens when someone other than your employer is responsible for your injury?
A third-party claim is a personal injury claim you can file if you were hurt on the job, but an outside party is responsible for your injury. This claim allows injured workers to sue the at-fault party for pain and suffering. Learn more about a third-party claim and how to file one after a workplace accident. […]
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