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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Who Can Sue for a Wrongful Death in Reading, PA?
In a wrongful death case, certain family members have the right to file a lawsuit. Usually, it’s the deceased’s spouse, children, or parents. If there are no surviving spouses, children, or parents, the right may transfer to other specified beneficiaries, like siblings or grandparents. Sometimes, a person appointed to handle the deceased’s estate can also file the lawsuit on behalf of the family.
In Reading, Pennsylvania, wrongful death happens when someone passes away because of someone else’s carelessness or harmful actions. Let’s say, for example, that a person dies in a car accident caused by another driver’s negligence; their family might be able to file a wrongful death lawsuit to seek compensation for things like medical bills and funeral costs.
What is Wrongful Death in Reading?
Under 42 Pa.C.S.A. Section 8301 of the Pennsylvania Code:
An action may be brought, […]
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What Are Common Examples of Wrongful Death Cases in Reading?
Wrongful death cases in Reading are part of a variety of tragic scenarios and may include car accidents resulting from negligence and medical malpractice cases in which patients die. As a result, accidents at work, deaths resulting from the use of defective products, and criminal damage or injury causing death, among others. It is challenging to consider the complexity of each case, which is why all specifics need to be analyzed; this, along with an experienced Reading wrongful death attorney, will help affected families achieve justice.
What is Wrongful Death?
The term “wrongful death” is a legal term that comes about when an individual dies as a result of the negligence, recklessness, or intentional act of another party.
The responsible party is liable for damages caused; survivors, including the spouse, children, or next of kin, may file a civil lawsuit for losses such as economic support from the victim’s demise, […]
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Erie Workers’ Compensation Lawyer
Under the Pennsylvania Workers’ Compensation Act, employers must provide workers’ compensation benefits to part-time and full-time employees should they become hurt or ill at work. Workers’ comp benefits cover medical expenses and lost wages until you can return. However, the workers’ compensation process can be difficult, and an Erie workers’ compensation lawyer must navigate the claim.
If you were injured at work or have an occupational disease and are now undergoing the workers’ compensation claim process, call Munley Law. We represent injured workers applying for or being denied workers’ compensation benefits.
What Do I Need For an Erie Workers’ Compensation Claim?
Filing a workers’ compensation claim can be complicated, but having the information you need ready before the comp process begins can be beneficial.
You will first need to report the accident to your employer. You have 21 days from the accident date to file the claim. […]
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Understanding the Rights of Reading Truck Accident Victims
In recent years, Reading has witnessed a concerning uptick in truck accidents. These incidents, often devastating, have left many victims grappling with physical, emotional trauma, and financial burdens such as lost wages. Amidst this challenging landscape, the role of a Reading Truck Accident attorney becomes paramount. Munley Law Personal Injury Attorneys, with their seasoned expertise, stand at the forefront of this legal battle, ensuring that victims’ rights are not only understood but fiercely protected.
The aftermath of a truck accident can be overwhelming. Victims often find themselves navigating a maze of medical expenses, insurance claims, and potential legal actions. This is where the specialized knowledge of a Reading Truck Accident lawyer from Munley Law can make a significant difference. Our team is dedicated to guiding victims through the complexities of the legal system, ensuring they receive the compensation they rightfully deserve.
However, […]
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Personal Injury Glossary Terms
This glossary provides a quick-access resource for looking up definitions of terms you will likely encounter while seeking compensation.
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W
A
Accident Report — A detailed official record of an incident created on-site by an authority figure such as a police officer or hospital staff member.
Act of God — An unforeseen event caused by natural forces without human involvement that couldn’t have been prevented with reasonable care, […]
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