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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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?
Due to the size and weight differences of most cars and trucks on the roadways compared to a motorcycle, […]
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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?
Determining the value of a Lyft car accident settlement isn’t always straightforward. It depends on various factors, including the extent of your injuries, […]
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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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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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Pittsburgh Erb’s Palsy Lawyer
Erb’s Palsy is a full or partial paralysis of the arm caused by nerve damage. Because Erb’s Palsy is often avoidable, in some cases, parents may be able to take legal action against the doctors or other medical professionals involved in the delivery process. This kind of personal injury case, which falls under the umbrella of medical malpractice, is complicated. Working with a Pittsburgh Erb’s Palsy lawyer with specific expertise in this subject area is the best way to set yourself and your family up for success.
Contact Munley Law today for a free consultation and learn how our team of personal injury lawyers can fight to protect your best interests after a birth injury.
What Is Erb’s Palsy?
Also known as Erb-Duchenne paralysis, Erb’s palsy is one of multiple possible brachial plexus injuries. The brachial plexus is a network of nerves with roots in the neck, […]
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Pittsburgh Slip and Fall Lawyer
Obtaining Justice for Slip, Trip, and Fall Victims in Pennsylvania
Slip and fall accidents are one of the most common types of personal injury cases. Over 8 million emergency room visits every year can be attributed to slips and falls. These premises liability accidents can happen anywhere, at any time, with no warning.
Property owners, businesses, and residents must keep a property free of slip and fall hazards. When they fail in this duty, the resulting hazardous conditions can lead to serious, life-altering injuries. If you have suffered from a slip and fall accident on another’s property due to their negligence, you deserve compensation.
At Munley Law, our Pittsburgh personal injury attorneys have helped people in Pittsburgh and throughout Pennsylvania for over six decades. We aren’t afraid to fight property owners and big businesses who try to escape their responsibilities and duties to their patrons. […]
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Pittsburgh Nursing Home Abuse Lawyer
Nursing homes are meant to be strictly regulated. Staff in assisted living facilities and nursing homes must protect their residents and preserve their dignity. When you trust your loved one to a professional or facility, you expect them to be properly cared for and safe.
However, abuse in nursing homes and assisted living facilities happens every day. In 2020, nursing home ombudsmen throughout the United States saw over 15,000 complaints related to abuse or neglect. These are just the incidents that are reported, however. Elderly residents are often unable or hesitant to report abuse, and family members can miss some common nursing home abuse signs.
If you suspect your loved one is facing abuse or neglect in their nursing home or facility, speak with a Pittsburgh personal injury attorney. Our team of personal injury lawyers can work with you to protect your and your loved one’s rights and pursue compensation for any injuries suffered. […]
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Pittsburgh Bus Accident Lawyer
Were You Involved in a Bus Accident in Pittsburgh? Let Munley Law Help
Travel by bus is a popular and widely used mode of transportation throughout the country. Buses offer several advantages, including affordability, accessibility, and the environmentally friendly ability to carry a large number of passengers all at once.
Despite the benefits, as with all vehicles, buses are not immune to accidents. Furthermore, due to their size and the potential number of people traveling on a bus, the consequences of a bus accident can be devastating.
If you or a loved one sustained injuries in a bus accident in Pittsburgh, call our experienced bus accident attorneys at Munley Laws Pittsburgh Personal Injury Attorneys to discuss your options. Our team of bus injury lawyers possesses significant expertise in handling bus accident cases, and we have successfully represented clients against major bus companies throughout the country. […]
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Pittsburgh Medical Malpractice Lawyer
Get a Pittsburgh medical malpractice lawyer who will fight for you
When we put our lives in the hands of a doctor or medical professional, we trust they will do their best. Unfortunately, medical errors happen too often in Pittsburgh. Many times, a mistake is just that — a mistake. However, if the medical malpractice was caused by a negligent doctor, nurse, or other medical professional, which resulted in further harm to you or a loved one, you have the right to take legal action. To take the first step towards getting your life back, schedule a free consultation with a medical malpractice lawyer at Munley Law today.
We know a lot of medical lawyers talk the talk, but there is only one law firm that wins the way we do. Our firm was founded in 1959 with a simple mission: to fight for justice for all accident victims and never back down against the “big guys.” For over 65 years, […]
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Pittsburgh Cerebral Palsy Lawyer
A cerebral palsy diagnosis can turn a family upside down as new parents must figure out how to accommodate their child’s needs. For many children with cerebral palsy, intellectual disabilities, seizure disorders, and vision problems are also common.
While sometimes cerebral palsy happens while the child is developing in the womb and cannot be helped, in some circumstances, a child may develop cerebral palsy as a result of a birth injury. But with a Munley Law Pittsburgh cerebral palsy lawyer, our team of personal injury lawyers can guide you through the medical malpractice claims process to ensure your child receives the financial support needed for the difficult road ahead.
What Is Cerebral Palsy?
The Centers for Disease Control and Prevention (CDC) defines cerebral palsy as the most common motor disability in childhood. It impacts movement, balance, […]
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Erie Pedestrian Accident Lawyer
Pedestrian accidents can be harrowing. When a vehicle collides with an unprotected pedestrian, the pedestrian is at a higher risk of serious injury. Common injuries from these accidents include broken bones, spinal cord injuries, and, in the worst of cases, even wrongful death. If you or a family member has endured an accident of this nature, or if you’ve experienced the absolute tragedy of having a family member killed in a pedestrian accident, it’s important to remember that you have rights. Working with an experienced Erie pedestrian accident lawyer who can assist you in seeking compensation and holding the at-fault party (or at-fault parties) responsible is almost always your best path forward.
Should I Hire a Pedestrian Accident Attorney in Erie, PA?
If you or a loved one has sustained pedestrian accident injuries, you may be wondering whether you need to work with a lawyer. […]
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Erie Lyft Accident Lawyer
Logging into the Lyft app to get a ride home has become a convenient and safer way for residents and visitors of Erie to get to and from their destinations. However, the increased use of rideshare programs like Lyft and Uber have also caused an increase in Lyft accidents. If you or a loved one were injured in a rideshare vehicle or involved in a collision with a rideshare driver, call the Erie Lyft accident lawyers of Munley Law.
Our rideshare accident attorneys can help you navigate the claims process when you are involved in a wreck with a Lyft driver.
Why Do You Need a Lyft Accident Attorney?
Like any personal injury claim, you never have to hire an attorney. However, going through the legal process alone can prevent you from getting the compensation you need for your injuries. […]
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Lowboy Truck Accident Lawyer
Were You Injured in an Accident With a Lowboy Truck? We’re Here to Help
Lowboy trucks are often carrying heavy loads, and accidents involving these types of rigs can be particularly devastating. Although things can go wrong in any type of trucking accident, there are a few specific outcomes that drivers should be aware of in a lowboy truck accident. Some of these scenarios include limited visibility because of the trailer, reduced brake responsivity due to the inertia of the trailer, and the possibility of the trailer detaching in a crash.
Collisions with lowboy trucks can be messy to navigate. In a regular, non-commercial crash, the relevant parties include the motorists and their respective insurance companies. As lowboy truck accidents are commercial in nature, the employer of the truck driver will be an additional party involved in the claims process.
If you or a loved one was injured in a lowboy truck accident, […]
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Erie Uber Accident Lawyer
Residents and visitors enjoy the waterfront activities and attractions that Erie, PA, offers, and many frequently utilize rideshare services like Uber. Unfortunately, that increase in use has also led to more Uber accidents. If you or a loved one were injured in a rideshare car accident, an Erie Uber accident lawyer from Munley Law can guide you through the legal process.
Why Do You Need an Uber Accident Lawyer in Erie, PA?
You never have to hire an attorney for a car accident; however, when it comes to wrecks with rideshare vehicles, it can be beneficial to work with an attorney.
The most complicated part of an Uber accident is knowing what insurance coverage applies to you. Further, there is the question of who was involved during the crash and why it occurred. Of course, there are also general car accident concerns such as injury severity, […]
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What is Pain and Suffering in Pittsburgh Personal Injury Claims?
The law compensates victims who have experienced an injury-causing accident if it occurred as the result of someone else’s negligence. In these cases, the victim may file a personal injury claim with the help of a Pittsburgh personal injury lawyer to seek just compensation for all of their losses and pain. In the context of a personal injury claim, pain and suffering is a wide-ranging term that encompasses all forms of mental and physical suffering the victim has endured as a result of the accident. This can include things like physical pain, as well as things like emotional trauma suffered and mental anguish.
What Are Pain and Suffering Damages?
Pain and suffering is a broad umbrella term encompassing many experiences. So when we talk about “pain and suffering,” what exactly are we talking about?
Calculating pain and suffering is certainly not an exact science. […]
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Slip and Fall Attorney
Our Slip and Fall Attorney is Here to Help
As the victim of a slip and fall accident, you may be entitled to compensation. If the fall wasn’t your fault, a slip and fall accident lawyer can help you recover costs associated with your injury, including medical bills, lost wages, and even pain and suffering.
Don’t wait – the sooner you speak with a Munley Law slip and fall lawyer, the sooner you can begin recovering financial compensation. Schedule your free consultation today and take the first step to getting your life back on track.
What is Premises Liability?
Premises liability is a law that holds property owners accountable for any dangerous conditions on their property, whether it is a grocery store, an apartment building, or a single-family home. A property owner is responsible for keeping their property reasonably safe for visitors. […]
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What Does Duty of Care Mean in a Premises Liability Claim in Hazleton?
A duty of care is essentially a legal duty that requires a person to exhibit reasonable care and avoid negligence or carelessness that could result in causing harm to others. The duty of care is present in many different situations. For instance, a doctor has a duty of care to their patient. Every medical professional must uphold a standard of care and behave in a way that other physicians would deem reasonable. All drivers have a duty of care to other drivers: they must drive safely, exhibit reasonable care, and refrain from any behavior that could cause a car accident or injury.
But what does this term mean about a premises liability claim? Here, the term refers primarily to property owners. All property owners owe a duty of care to all those who legally enter their property, which requires them to maintain a safe environment free from hazards. […]
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What Are the Most Common Motorcycle Accidents in Pittsburgh, PA?
Various factors influence the most common motorcycle accidents in Pittsburgh. In big cities like Pittsburgh, where there are many cars, busy streets, and drivers who might not pay attention, riding a motorcycle can be more dangerous. The roads are often crowded, making it hard for drivers to see motorcycles, and sometimes people are distracted by phones or other things while driving.
After a motorcycle accident in the Steel City, you will need the assistance of a Pittsburgh motorcycle accident lawyer to help you with your claim. Contact Munley Law Personal Injury Lawyers today to schedule a free consultation.
What Are the Most Common Pittsburgh Motorcycle Accidents?
The most common Pittsburgh motorcycle accidents include the following:
- Intersection Collisions: Pittsburgh, like pretty much all urban areas, has numerous intersections where vehicles of all types converge. Motorcycles can be especially at risk at these intersections because they might be harder for drivers of bigger vehicles to see. […]
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What Are the Common Types of Truck Accidents in Williamsport, PA?
Truck accidents are a significant safety concern in Williamsport, PA, for both motorists and pedestrians. Given the area’s commercial activity and frequently traveled roads, the likelihood of accidents involving large trucks has increased. If you get into a trucking accident in Lycoming County, you’ll need a Williamsport truck accident lawyer to help with the claim.
What Causes Truck Accidents in Williamsport, PA?
Truck accidents in Williamsport, PA, can be attributed to various factors, each presenting its own set of risks to road safety. Some of the most common causes of truck crashes include:
Distracted Driving
Truck drivers may become distracted by texting, adjusting GPS devices, or eating while operating their vehicles. Even for a few seconds, these distractions divert their attention from the road, increasing the risk of collisions and severe injuries due to delayed reactions or failure to notice hazards. […]
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Should I Call A Car Accident Lawyer After a Car Accident in Williamsport?
Call a Williamsport car accident lawyer immediately if you are involved in a car accident. Victims often wait to call an experienced Williamsport car accident attorney once they realize the insurance settlement offer is insufficient to cover their damages. By being proactive and calling a PA car accident lawyer before meeting with the insurance company, you’ll be a step ahead in seeking the compensation you need to move forward.
If you were in a car accident, call the Williamsport car accident lawyers of Munley Law today.
Why Work With a Williamsport Car Accident Lawyer?
You are never required to seek legal representation for a car accident. However, if you or your passenger suffered severe injuries, there are benefits to working with a Williamsport car accident lawyer.
An Experienced Car Accident Lawyer Will Establish Negligence
Determining who was at fault for the car crash will be the priority of your car accident lawyer. […]
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