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

More information about Negligence

Can I Sue My Neighbor for an Injury on Their Property?

When you’ve been injured on a neighbor’s property, you might feel confused, upset, and unsure about what to do next.
You may wonder about your options if you’ve suffered an injury while visiting next door. The short answer is yes, you can sue your neighbor for an injury on their property, but there’s more to consider before taking that step.

When an injury occurs on a neighbor’s property, the question of legal recourse often arises. The ability to sue a neighbor for such an injury depends on several factors and involves understanding premises liability law.  Call a premises liability lawyer at Munley Law for a free consultation to review your legal options.

Why You Might Sue Your Neighbor for an Injury on Their Property

While suing a neighbor can be a difficult decision, there are several legitimate reasons why you might need to take this step if you’re injured on their property:

  • Medical Expenses: If you’ve incurred significant medical bills due to the injury, […]

Read More

More information about Negligence

What to Do if Your Brakes Fail on the Highway

What To Do If Your Brakes Fail on the HighwayMany of us get into our vehicles daily or multiple times a day and shift into a sort of auto-pilot when we get behind the steering wheel. Our daily commutes are mundane, making falling into a hypnotic state easy. But what happens when the lull is broken, and you realize that the usually slow push of your brake pedal isn’t doing anything, and before you know it, you’re in a car accident?

If you experience brake failure on the highway, you should keep a few things in mind to keep yourself and other drivers safe.

What to Do if Your Brakes Fail While Driving

Nothing is scarier than realizing that your brake pedals are not working. Instead of slowing down, you are moving closer and closer to another vehicle, pedestrian, or highway guard rails.

Crash Statistics from the National Highway Transportation Safety Administration (NHTSA) suggest that about 22% of vehicle-related crashes were due to brake issues. […]

Read More

More information about Negligence

My Airbag Didn’t Go Off in a Car Accident. Can I Sue?

car accident in wilkes-barre paBeing in a car accident can be scary, especially when the safety features of your vehicle do not work the way they are supposed to. But what happens when you were in a car accident and your airbags didn’t go off and you suffered injuries. Can you sue?

In general, yes you can sue if your airbags didn’t deploy during a car accident. However, who you can sue depends on a variety of factors.

Munley Law Will Determine Why Your Airbags Did Not Deploy in a Car Accident

In 1998, the Intermodal Surface Transportation Efficiency Act of 1991 went into effect, requiring that all cars and light trucks sold in the United States to have air bags on both sides of the front seat.

Since then, all drivers have come to expect that when they are involved in a motor vehicle accident, […]

Read More

More information about Negligence

Tamaqua Personal Injury Lawyer

If a car accident, workplace injury, truck accident, medical negligence, or other catastrophic injury has left you with medical bills and lost wages. In that case, you need a personal injury law firm with experience. The Tamaqua personalTamaqua Personal Injury Lawyer injury lawyers of Munley Law have decades of experience helping Schuylkill County residents with their most complex injury claims.

If you or a loved one were hurt in an accident and need legal advice, contact the Munley Law firm. We take on the insurance companies to ensure you get fair compensation for your injuries. Call the Tamaqua personal injury attorneys today.

Helping People in Schuylkill County and Beyond

Getting into an accident can cause physical, emotional, and financial hardships for the victim and their family. In some cases, these injuries can lead to long periods away from work, and in some cases, […]

Read More

More information about Negligence

Can I Still Pursue Compensation If I Was Partially At-Fault for My Injuries?

The insurance system can be overwhelming after a car accident, especially when you are healing from injuries. As a no-fault state, Pennsylvania insurance policies generally make it a little easier to get your medical bills covered quickly regardless of who may have been at fault.

However, seeking compensation from another driver for injuries and damages can be complicated, depending on your insurance policy and the percentage of negligence you are responsible for. Partnering with an experienced car accident attorney will help you manage your claim and recover the most compensation available for you.

When Can I Seek Compensation from Another Driver?

Inspecting a car accident

When you can seek compensation from another driver depends on what kind of compensation you are seeking. In general, Pennsylvania’s no-fault system means that the average insurance policy does not allow you to seek compensation for medical bills or personal injuries sustained in an accident. […]

Read More

More information about Negligence

Pittsburgh Wrongful Death Lawyer

As personal injury lawyers, it is Munley Law Personal Injury Attorneys’ mission is to make things right for people who have suffered terrible injuries and losses because of someone else’s negligence. But there are some wrongs that can never truly be made right. Losing a loved one to wrongful death is absolutely devastating. While we cannot bring that person back, our Pittsburgh personal injury lawyer can and will aggressively pursue the justice your family deserves with a wrongful death lawsuit.

If you lost someone because of a car or truck crash, workplace accident, medical error or other preventable incident in Pittsburgh,  you may be entitled to compensation. While no amount of money will ever replace your loss, financial compensation can bring some peace of mind and security for your future. And, a wrongful death lawsuit is often the only way of holding the at-fault party accountable for their actions. […]

Read More

More information about Negligence

Hospital Negligence Lawyer

Whether you’ve been hurt in an accident, are receiving specialized treatment, or are sick, being in a hospital can be a stressful experience. We trust medical professionals to provide the best standard of care, yet hospital negligenceHospital Negligence Lawyer happens. Be it inadequate hospital staff, rushed doctors, or unsanitary conditions, if your hospital stay ends in more issues, you deserve justice. That’s where the hospital negligence lawyers of Munley Law come in.

For decades, our medical malpractice attorneys have fought for the fair treatment of the sick and injured. Allow our experienced attorneys to review your case and get you the compensation you deserve.

Call the hospital negligence lawyers of Munley Law today for a no-obligation, free consultation.

What Is Hospital Negligence?

Hospital negligence is a form of medical malpractice where a hospital employee–a nurse, doctor, […]

Read More

More information about Negligence

Tanker Truck Accidents

If you were injured in a tanker truck accident, you probably have hundreds of questions swirling in your head: What will my life look like moving forward? How will I pay for the property damage and my new medical bills? Those questions are valid, and the tanker truck accident lawyers at Munley Law have answers.

At Munley Law, we offer free consultations to new clients. You can sit down with an experienced truck accident lawyer who will assess your case, answer your questions, and lay out your legal options.

What is a Tanker Truck?

Tanker Truck Accident lawyersBecause of the type of cargo carried, an accident involving tanker trucks can cause widespread devastation to other vehicles and their passengers in mere minutes. The impact of the truck accident can inflict a lifetime of hardship on each victim. Tanker trucks carry gasoline, diesel, and liquefied petroleum or natural gas. […]

Read More

More information about Negligence

York Slip And Fall Lawyer

York Slip And Fall LawyerAccidents can happen when we least expect them, even in an idyllic setting such as York, PA. One of the most common types of accidents is a slip and fall incident — not only can this type of accident come as a such, it can also lead to serious injuries.

The consequences of a slip and fall can be physically, emotionally, and financially devastating. Whether you’ve slipped and fallen on a wet floor in a store, an icy sidewalk, or a poorly maintained property, it’s essential to know your rights and seek the guidance of a dedicated York slip and fall attorney. Working with a premises liability attorney can increase your changes of securing financial compensation, and can also make an overwhelming process that much more manageable.

Don’t hesitate to contact us today to schedule a free consultation with an experienced slip and fall lawyer, […]

Read More

More information about Negligence

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 catastrophic 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

Bensalem catastrophic injury lawyerWhen 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. […]

Read More

More information about Negligence

Can Medical Malpractice Cause a Stroke?

Understanding Strokes: Types, Causes, Treatments, and Medical Malpractice

Can medical malpractice cause a strokeStrokes 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, […]

Read More

More information about Negligence

Wyoming Truck Accident Lawyer

Commercial trucks often travel on Wyoming’s highways, especially Interstate 80, a major route for moving goods across the country. These trucks cover long distances daily, enabling businesses to receive supplies and ship products efficiently, supporting local and national economies. However, the high volume of truck traffic increases the likelihood of crashes and the need for a Wyoming truck accident lawyer.

If you or a loved one has been injured in a Wyoming truck accident, consider contacting our top-rated truck accident lawyers from Munley Law.

Why Hire an Experienced Wyoming Truck Crash Lawyer from Our Firm

At Munley Law, our attorneys are here for you. We become the trusted partner you need in these challenging matters, providing you with insight into your claim value and fighting tirelessly to recover fair compensation. You need an advocate who is dedicated to your best possible outcome. […]

Read More

More information about Negligence

What is a Workplace Injury in Harrisburg, PA?

Harrisburg Workplace Injury LawyerHarrisburg, the capital city of Pennsylvania, has a diverse employment landscape, from its bustling transportation hubs and manufacturing plants to administrative roles in government sectors. Despite safety measures, workplace injuries are not uncommon. A work related injury is defined as any harm or illness sustained due to job-related activities.

Such incidents can range from minor cuts or bruises to more severe traumas. Harrisburg residents, when facing the repercussions of such misfortunes, often find themselves in a complex works compensation claim. This inevitable adds extreme amounts of stress to an already-stressful situation.

In these trying times, it is essential for injured workers to understand their legal rights. The Harrisburg workers compensation lawyers at Munley Law have extensive knowledge of Pennsylvania law. Our attorneys will work to ensure that the injured workers’ rights are protected and they secure fair compensation for their work related injuries. […]

Read More

More information about Negligence

How Long After a Car Accident Can You Sue in Pennsylvania?

In Pennsylvania, you generally have two years to file a lawsuit if you’re involved in a car accident and considering seeking damages. This means that after two years, you may lose the right to sue for your car accident case, so actingHow Long After a Car Accident Can You Sue in Pennsylvania? within this period is essential to make sure your case is heard.

At Munley Law Personal Injury Attorneys, we specialize in personal injury cases, including those resulting from car accidents. Our seasoned car accident attorneys are adept at handling these tough cases and work hard to get you the compensation and justice you deserve.

Munley Law provides comprehensive support, guiding you through every step of the legal process to make it more understandable and less overwhelming. Our expertise and dedication help accident victims confidently face the legal system, ensuring their rights are protected, and their voices are heard.

What Is the Statute of Limitations on Car Accident Lawsuits in Pennsylvania? […]

Read More

More information about Negligence

Chambersburg Personal Injury Lawyer

Have you or a loved one suffered an injury in Chambersburg, PA? Facing the recovery from an injury can beChambersburg Personal Injury Lawyer overwhelming, but you don’t have to face it alone. Turn to Munley Law, where our team of Chambersburg personal injury attorneys is ready to fight to ensure that those responsible for your injuries, pain and suffering are held accountable. Our expert attorneys specialize in every field of personal injury law, including car accidents, truck accidents, construction accidents, workers’ compensation claims, motorcycle accidents, and more.

Let Munley Law protect your rights and pursue the justice and compensation you deserve. Contact our Chambersburg team today to discover how our experience and commitment can make a difference in your case.

Why Should I Hire a Personal Injury Lawyer After an Accident in Chambersburg?

A personal injury lawyer can help you get the maximum compensation for your personal injury claim. […]

Read More

More information about Negligence

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. If you or someone you love has been injured in a car crash, […]

Read More

More information about Negligence

Pittsburgh Lyft Accident Lawyer

Pittsburgh Lyft Accident Lawyer Munley Law

For nearly a decade, Lyft has been a part of daily life for many Americans. It offers a way for people who can’t drive to get where they need to go, a means of getting home safely after a night of drinking, and much more. In 2022, it’s difficult to remember life before rideshare services such as Lyft, as these services have all but transformed the way we move through the world. But for all of its benefits, traveling with Lyft also poses certain dangers. Any time a vehicle enters the road, there is the possibility of a life changing accident, and the situation becomes far more complex when a powerful company such as Lyft is involved.

If you or a loved one has been in a Pittsburgh rideshare accident, you may be overwhelmed and unsure of how to proceed. How can you go up against a huge corporation in order to seek the justice you so deserve? […]

Read More

More information about Negligence

How Much Is My Pittsburgh Spinal Cord Lawsuit Worth?

Pittsburgh Spinal Cord Injury Lawyer

Navigating a spinal cord injury can be a complex and life-altering journey. If you find yourself considering a lawsuit due to such an injury, understanding the potential value of your case becomes critical. This article will provide a comprehensive guide, helping you grasp the key factors that impact the financial worth of your claim. By learning about legal processes, defense strategies, and the role of expert testimony, you’ll gain a clearer picture of your situation.

Remember, each case is unique, so it’s always best to speak with a Pittsburgh spinal cord injury lawyer to learn all your legal options.

How Does a Personal Injury Claim Work?

Embarking on a personal injury lawsuit, such as one related to a spinal injury, can seem daunting. Essentially, these legal actions allow an injured person to seek compensation, also known as damages, from the party legally responsible for their injuries. […]

Read More

More information about Negligence

Erie Motorcycle Accident Lawyer

Motorcycle accidents can often result in catastrophic injuries. These vulnerable road users are 28 times more likely to be killed in a motor vehicle accident compared to other drivers and four times as likely to sustain an injury. Due to the size of a motorcycle compared to a standard passenger vehicle, these accidents often result in severe injuries, hefty medical bills, and mental anguish for the rider and their family. An Erie motorcycle accident lawyer will be needed to help you regain compensation for your injuries.

Motorcycle accident victims need protection. This is where Munley Law comes in. For decades, we have represented victims and their families in the most complex personal injury claims. Let us do the same for you. Call today to speak with one of our Erie motorcycle accident lawyers.

What Are the Common Motorcycle Accident Injuries?

Erie Motorcycle Accident LawyerDue to the size and weight differences of most cars and trucks on the roadways compared to a motorcycle, […]

Read More

More information about Negligence

What is the Average Settlement for a Lyft Accident?

While there isn’t a specific average Lyft accident settlement amount, settlements typically depend on various factors like the severity of injuries, medical expenses, lost wages, and pain and suffering. Understanding potential settlement amounts is crucial for accident victims because it allows them to understand what they could expect to receive to help recover from their losses. Settlements can help pay medical bills, compensate for time missed from work, and support ongoing care or rehabilitation.

It’s important to note that each accident case is unique, and settlement amounts can vary widely. Seeking legal advice from an experienced Lyft accident attorney can help victims understand their rights and pursue fair compensation.

How Much Is My Lyft Accident Worth?

What is the Average Settlement for a Lyft Accident?Determining the value of a Lyft car accident settlement isn’t always straightforward. It depends on various factors, including the extent of your injuries, […]

Read More
Search
Categories
Archives
LCA
PA Bar Association
top 100
Super Lawyers
Best law firms
best lawyers
top 1% of trial lawyers
av
Irish Legal
BBB Accreditation Badge The information contained on this website does not create an attorney-client relationship nor should any information be considered legal advice as it is intended to provide general information only. Prior case results do not guarantee a similar outcome.
844-686-5397