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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Philadelphia Bus Accident Lawyer
Expert Legal Assistance for SEPTA Bus Accident Victims
If you’ve been injured in an accident involving a SEPTA vehicle in the Philadelphia area, you may be entitled to compensation. The Southeastern Pennsylvania Transportation Authority (SEPTA) operates a vast network of buses, trains, trolleys, and subways serving Philadelphia and its surrounding counties. Accidents involving SEPTA vehicles can result in serious injuries, leading to significant medical expenses, lost wages, and other damages.
Filing a personal injury claim against SEPTA involves specific legal requirements, including providing notice of your intent to sue within six months of the accident.
Additionally, you must adhere to other conditions to recover compensation, such as timely filing of your lawsuit and presenting a strong case backed by thorough evidence. This process can be complex and challenging, but the experienced Philadelphia bus accident lawyers at Munley Law Firm are here to help. […]
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Amazon Van Accident Lawyer
It’s no secret that Amazon places immense pressure on its drivers to make the maximum amount of deliveries in the shortest amount of time. Drivers are constantly double-parked, in a rush, distracted by GPS and time constraints, and are often not experienced CDL drivers. As these Amazon delivery vans are a common sight on the roads, the e-commerce giant continues to expand its delivery network. With more and more delivery truck drivers on the road, accidents involving these vehicles are unfortunately on the rise.
If you have been in a collision with an Amazon van, call an Amazon van accident lawyer at Munley Law today. We have been fighting for the rights of accident victims for 65 years.
Types of Amazon Delivery Truck Accidents
The types of Amazon delivery truck accidents include:
- Rear-end collisions often occur when the Amazon van follows another vehicle too closely or fails to stop in time. […]
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Virginia Truck Accident Lawyers
If you or a loved one have been in a truck accident in Virginia, managing injuries and damages can be overwhelming. Truck accident injuries and damages can be overwhelming for you and your family. On top of that, managing medical care, lost wages, and unforeseen expenses with the most efficient practice is a lot to take on when emotions are high, and pain management can be genuine. A knowledgeable and experienced Virginia truck accident lawyer can help steer your case and help you receive the fair compensation you and your loved ones are entitled to during this vulnerable time. Contact a truck accident lawyer at Munley Law for your free consultation and case review today.
What does a truck accident lawyer in Virginia do?
A Virginia truck accident lawyer makes sure to encompass the circumstances of your accident with care, combing through all details. […]
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Traumatic Brain Injury Lawyer
A traumatic brain injury (TBI) or head injury, occurs when an outside force hits the skull and causes brain damage or injury. An object may strike the head during a slip and fall, a motor vehicle accident, an assault, or a workplace accident.
Head injuries range in severity from mild to moderate to severe.
Most brain injury victims suffer a mild injury, but for those with moderate to severe symptoms, the results can be catastrophic, leading to long-term disability and even death. For these victims and their families, it is imperative to contact a traumatic brain injury lawyer.
For over 60 years, Munley Law has represented personal injury victims. Call the traumatic head injury lawyers of Munley Law today for a no-obligation, free consultation.
What is the Average Settlement For a Traumatic Brain Injury Case?
The average settlement for a brain injury case depends on several factors, […]
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Catastrophic Injury Lawyer
A personal injury is always an emotional and sometimes traumatic experience. But you need support when those injuries result in catastrophic, life-long consequences. The catastrophic injury lawyers of Munley Law have spent decades representing accident victims as they recover and learn to live with these severe injuries.
For a no-obligation, free case evaluation, contact the catastrophic injury attorneys of Munley Law today.
What Qualifies as a Catastrophic Injury?
As defined by 42 USC 3796b, a catastrophic injury is one that “permanently prevent(s) an individual from performing any gainful work.” Essentially, this means that the victim’s injuries are so severe that the standard personal injury case would not cover their long-term needs.
Medically, a catastrophic injury causes severe injury or damage to the spine and spinal cord, brain, loss of a limb, or
severe burns. These injuries require extensive medical care, […]
