Plaintiff

What is a Plaintiff?

A plaintiff is the individual suing in a court or legal case, typically the injured party. They are the person or party who initiates a lawsuit in a court of law by filing a complaint against one or more defendants, alleging that they have caused harm or violated the plaintiff’s legal rights. 

According to Black’s Law Dictionary, a plaintiff is “the party who brings a suit in a court of law.” As such, the plaintiff is seeking a legal remedy for their grievance, which could include monetary compensation, an injunction, or other court orders to address the harm caused.

Beyond themselves, the decisions in a plaintiff’s case has the power to bring about positive change. The plaintiffs in Brown v. Board of Education, challenged and rectified racial segregation in public schools. However, because they bring the case, which can have a significant impact, the plaintiff has the burden of proof. This means it is the plaintiff’s duty to  establish the facts of the case and demonstrate that the defendant’s actions have caused harm, typically through the presentation of evidence and legal arguments.

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Pittsburgh Bikeshare Accident Lawyer

Seeking Justice after a Pittsburgh Bike Share Accident

philadelphia bicycle accident lawyerBiking is a wonderful means of transportation for many reasons, including the environmental impact, the exercise, and the affordability, whether for commuting or simply for pleasure. But like all means of getting around, especially in a busy city such as Pittsburgh, there are inherent risks and dangers. And sometimes, bicycle accidents happen.

With bike sharing specifically, some additional risks come into play. Bike share programs, like Pittburgh’s HealthyRide, may mean that people who are not regular or experienced cyclists are now biking on busy city streets. This is also a popular means of getting around the city for visitors and tourists, which means that people who lack familiarity with their surroundings are biking in high-traffic areas. This can be extremely dangerous.

If you have been injured in a bike accident, or specifically a bikesharing accident, […]

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Do You Always Get A Settlement From A Car Accident?

Understanding Car Accident Settlement Claims

car accident workers comp coming and going ruleWhile insurance claims following a car accident do not always end with a settlement, you do always have a right to file a claim and try to seek compensation for your injuries. There are various factors that will determine the success of your car accident settlement claim, most importantly, the severity of your injuries. Car accident victims will have a lot of questions after a car crash about how to deal with insurance companies and what kind of settlement offer or help with medical expenses and more that they can expect.

Steps in Seeking a Settlement

Before car accident settlements are even discussed, you’ll have to file an insurance claim with both your own insurance company and the other drivers. In many cases, the insurance company should cover your needs, but it is not always the case, […]

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What Happens If You Hit a Cyclist with Your Car?

Hit a Cyclist, or Injured in a Bicycle Accident? We Can Help.

bicycle accidents lawyerCar accidents involving an injured cyclist can be the worst experience anyone can have. If you’re asking yourself “What happens if you hit a cyclist with your car?” an experienced bicycle accident lawyer can help.

You may feel guilty, upset, and anxious about what happens afterward. Can the cyclist sue you for the accident? What will happen to your insurance rates? What happens next?

These are all valid concerns to have before, during, and after your time on the accident scene. Even if you were injured in the bicycle accident as well, you may be stressing over what can happen. That’s why it’s important to know what your next steps should be to protect yourself and your claim.

For over 60 years, Munley Law Personal Injury Attorneys has been helping bicycle accident and car accident victims alike with their personal injury claims. […]

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Your Guide to Filing a Lawsuit

Munley Law Personal Injury Attorneys Personal Injury Lawyers’ Guide to Filing a Lawsuit

If a company or person has acted in negligence and caused you serious injury, you may file a lawsuit in order to obtain financial compensation from the at-fault party. But filing a lawsuit can be a challenging task. Any slight mistake can cost you the compensation that you deserve or cause further damages. That’s why you need the proper guidance and an experienced team of attorneys. 

Below, we will explain what it means to file a personal injury lawsuit and how to increase your chances of winning.

What does it mean to file a lawsuit?

filing a lawsuit personal injury lawyersA lawsuit is a formal legal case that you or your lawyer files with the court. Filing a lawsuit involves telling the court that the defendant acted negligently and hurt you (the plaintiff). […]

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How to File a Truck Crash Lawsuit

After a collision with a truck, you need maximum compensation for your injuries

The nation’s #1 semi-truck accident lawyers explain how to file your truck crash lawsuit

As the Federal Motor Carrier Safety Administration (FMCSA) reports, 499,000 trucks crash each year. Correspondingly, those collisions cause 107,000 serious injuries. In addition, 4,415 semi-truck accidents are fatal. Truck crashes cause tremendous pain and suffering for accident victims and their families. Because filing, fighting, and winning a truck accident lawsuit is incredibly difficult, these collisions also cause a lot of confusion. To answer some of the most frequently asked questions, the nation’s #1 tractor-trailer accident lawyers explain how to file a truck crash lawsuit.

For the best chances for winning your truck accident case and maximizing your compensation payout, you need to hire an experienced semi-truck collision lawyer. Who you choose matters. To speak to an award-winning and record-setting truck accident lawyer from Munley Law Personal Injury Attorneys for FREE, […]

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What is Summary Judgment?

Understanding motions for summary judgment…and how to win them

If you sued a defendant for your injuries or other damages, then you can expect certain legal responses and defenses. While every case is unique, some stages of litigation come up in nearly every lawsuit. Summary judgment is one of those phases. Understanding what summary judgment is and how handle it is key to winning big in your case. As a result, our experienced trial lawyers define summary judgment and provide a guide to using this legal step to maximize your compensation payout.

To discuss the details of your lawsuit for FREE, schedule a consultation with an award-winning Munley Law Personal Injury Attorneys litigator today.

Motions for summary judgment: what they are and what do they do

In order to fully grasp motions for summary judgment, you must have a basic understanding of how lawsuits work. […]

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Can You Sue Uber for Accident Injuries?

Uber and Lyft crashes: Can rideshare passengers sue?

If you were a passenger in a car or SUV that crashed, you may be wondering if you can sue Uber for your accident injuries. The nation’s #1 crash lawyers explain.

Last year, more than 5 million Uber driver took Americans on 6.9 billion trips. As such, the rideshare app brought in an annual net revenue of 14.1 billion. Lyft finished out the year with 23 million active users and 3.6 billion in revenue. In many ways, these innovative apps positively change how we think about transportation and the gig economy. At the very least, they alter how many of us get from Point A to Point B.

However, rideshare apps like Uber and Lyft also contribute to a growing danger in the United States. According to researchers at the Massachusetts Institute of Technology (MIT), […]

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Truck Accidents and Expert Witnesses

injury lawyers dan munley bob munley

Expert Witnesses in Truck Accident Cases: FAQ

 When you have a personal injury case involving a commercial truck, the stakes are high. Truck accident cases depend on highly specialized information including industry regulations, truck mechanics, and the long-term medical and economic impacts of your crash. To build a winning case, you will need the testimony of reliable witnesses, so it is essential that you have a lawyer who can bring in the right witnesses.

Who May Testify in Court As a Witness?

Not everyone has the right to come to court and testify in a truck accident case.  In order to take the stand and answer questions before a jury during a live court proceeding, a person must qualify to give testimony as a fact witness or an expert witness.

As their name suggests, fact witnesses may testify about events that they observed firsthand. […]

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The next IVC filter case goes to trial this week

Next IVC filter trial begins this week

The third bellwether trial involving C.R. Bard IVC filters began Tuesday, September 18 in Phoenix, AZ.   

Of the more than 9,000 lawsuits alleging that IVC filters have caused patients serious harm, C.R. Bard Inc. and Cook Medical Inc. face the largest number of cases, with about 4,000 each. 

Thus far, the first cases to go to trial have yet to yield a clear victor; there have been wins and losses on both sides, so it is difficult to say how this next trial will end. Cook won the first IVC filter trial last year, but then lost two substantial monetary verdicts in May 2017 and March 2018. Cook’s last win occurred on June 1st.

In Tuesday’s trial, a federal judge will oversee the multi-district litigation over C.R. Bard’s IVC filters. The plaintiff’s attorney, Ramon Lopez was quoted as saying this case could be “ […]

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Judge says Monsanto cancer case can move forward

roundup lawsuitEarlier this week, a federal judge ruled that lawsuits against agricultural giant Monsanto could proceed and that key plaintiffs’ witnesses may testify. The lawsuits allege that Monsanto’s weedkiller Roundup caused users to develop cancer.

This move represents a win for victims, but they will still face an uphill battle at trial, as the judge called their claims “shaky” but admissible.

Thousands of individual plaintiffs claim Monsanto’s widely used weedkiller RoundUp caused them to develop cancer and that Monsanto provided no consumer warning. Specifically, the lawsuits link the ingredient glyphosate to an increased risk of non-Hodgkins lymphoma, and claim that the company knew about the risk and failed to warn the public, going so far as to suppress research that suggested the product was dangerous. The ingredient glyphosate is considered a probable human carcinogen according to the World Health Organization’s International Agency for Research on Cancer.  […]

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Family of Marine killed in truck crash receives $8M settlement

Representing the Stevens family has been one of the greatest honors of our careers. It has been our privilege to advocate on their behalf and bring this case to a just resolution.  Read more about the case below.

On Monday, the truck accident lawyers at Munley Law Personal Injury Attorneys reached an $8 million settlement in a case stemming from a deadly truck accident in Susquehanna County. The crash claimed the life of 27-year-old Staff Sergeant Andrew Stevens.  Stevens was an active duty Marine and the father of two young boys. He served multiple tours in Iraq and Afghanistan and was in town for his sister’s wedding. His wife Katherine Stevens was represented by Marion Munley, Robert W. Munley, III, and Caroline Munley. The case was scheduled for trial this week before the Honorable John Jones of the United States District Court for the Middle District of Pennsylvania. […]

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Munley Law Personal Injury Attorneysyers named 2017 Pennsylvania Super Lawyers

Munley Law Personal Injury Attorneys: Six Super Lawyers and a Rising Star

We’re pleased to announce that once again the personal injury lawyers at Munley Law Personal Injury Attorneys have been included in the annual list of Pennsylvania Super Lawyers.

Only 5% of the attorneys in Pennsylvania earn this title. For more than a decade, the Munley lawyers have earned a spot on the Super Lawyers list. This year, we’re thrilled to announce that our own Katie Nealon has been named a Rising Star. Super Lawyers Rising Stars must be under the age of 40 and in practice for less than 10 years. This list is highly selective; only 2.5% of the young lawyers in Pennsylvania make the cut.

  • Robert W. Munley, Sr., Personal Injury – General: Plaintiff, Personal Injury;  Products: Plaintiff
  • Marion K. Munley, Personal Injury – General: Plaintiff, […]

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Munley Law Personal Injury Attorneys settles truck accident case for $1.7 million

john mulcaheyMulcahey and Munley Obtain Justice for Victim in Truck Accident Case

Munley Law Personal Injury Attorneys has reached a $1.7 million settlement in a truck accident case stemming from a Bradford County truck crash in 2015. Truck accident lawyers John Mulcahey and Caroline Munley represented plaintiff Todd Williams of Oklahoma, who was severely injured in the crash.

On January 16, 2015, at approximately 10 a.m., Williams was traveling westbound on State Route 467 in Orwell Township, PA.  Defendant Donald Nealis was traveling eastbound, driving a truck owned by his employer, Northeast Builder and Design, Inc. Nealis crossed into the westbound lane of travel, hitting Williams head-on. Williams suffered traumatic brain injury, multiple broken bones, and other serious injuries.

Attorney John Mulcahey notes that this settlement holds Nealis and his employer, Northeast Builder and Design, Inc., accountable for the reckless and negligent conduct that led to this crash. […]

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Marion Munley Named Top 50 Women; Munley Law Personal Injury Attorneys listed in 2015 Pennsylvania Super Lawyers

superlawyers-fbook

Munley Law Personal Injury Attorneys is pleased to announce that seven of its attorneys have been named to the 2015 list of Pennsylvania Super Lawyers, an honor awarded to the top five percent of lawyers in Pennsylvania. In addition, Marion Munley has been named among the Top 50 Women Lawyers in Pennsylvania by PA Super Lawyers.

As of this year, all of our attorneys have been named Pennsylvania Super Lawyers.

  • Robert W. Munley, Sr., Personal Injury – General: Plaintiff, Personal Injury  – Products: Plaintiff
  • Marion K. Munley, Personal Injury – General: Plaintiff, Personal Injury – Medical Malpractice: Plaintiff
  • Daniel W. Munley, Personal Injury – General: Plaintiff, Personal Injury – Products: Plaintiff
  • Christopher Munley, Personal Injury – General: Plaintiff
  • Julia K. Munley, Personal Injury – General: Plaintiff, Social Security Disability, Workers’ Compensation
  • John M. […]

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Munley Law Personal Injury Attorneys Reaches $3.97 Million Settlement in Tractor Trailer Case

Entrance to Munley Law Personal Injury Attorneys office(May 2015 – Scranton, PA) – Munley Law Personal Injury Attorneys today announced a $3.97 million settlement in a case stemming from a tractor trailer accident in January, 2011. Plaintiff, Allison Kowalski, whose husband, Mark Kowalski, was killed, was represented by Attorneys Daniel Munley and Marion Munley of the Munley firm.

Mr. Kowalski, from New York state, was traveling east on I-80 in Columbia County, PA, when he encountered defendant Patrick Webb, a Texas truck driver who was also traveling eastbound on I-80. Webb was driving for PBM, a Texas trucking company. The trailer he was hauling was leased to PBM by Republic National Industries of Texas.

Webb lost control of his rig on the snow-covered highway, and his tractor slid off of the road and into the median. Kowalski, who was traveling behind Webb, was unable to avoid a collision with Webb’s trailer which was blocking the eastbound lanes of traffic. […]

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Allstate’s $950,000 Blunder

Allstate required to pay out nearly a million dollars after delaying insurance coverage of fatal car crash

Attorney Daniel W. Munley, a partner in the law firm of Munley Law Personal Injury Attorneys, negotiated a $950,000.00 settlement on behalf of the family of a teenager killed in an automobile crash in 2001.

The defendant, who received his driver’s license just weeks before, was driving his mother’s Camaro at an excessive speed when he crossed double yellow lines to pass another vehicle and lost control of his automobile. The plaintiff’s son was thrown from the vehicle and suffered a fatal wound.

The defendant’s insurance company, Allstate, failed to pay its obvious driver’s liability and delayed the case for a number of years. Attorney Munley offered Allstate numerous opportunities to act in good faith, essentially requiring them to pay out the policy limit of $25,000.00. After a time extension and several attempts to contact Allstate, […]

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Asbestos Exposure Lawsuit Leads to $10 Million Settlement from U.S. Engineering Company

Asbestos exposure in Missouri courthouse leads to lawsuits

The family of a Missouri woman who died from mesothelioma, a cancer caused by exposure to asbestos, has been awarded $10 million in a settlement with U.S. Engineering Company for mishandling asbestos in the Jackson County Courthouse in Kansas City, Missouri.

The lawsuit claimed U.S. Engineering did not follow the proper rules and procedures when handling asbestos, and that now, significant amounts of asbestos still remain in the courthouse.   The lawyers for the plaintiff claimed there has been “significant accumulations of asbestos dust in and around the heating and air conditioning systems at the Courthouse for a number of years.”

The woman worked for 27 years in the Jackson County Courthouse.

In addition, a class action lawsuit has been filed for anyone that worked in the courthouse on a daily basis who may have been exposed to asbestos dust from 1983 to the present. […]

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Pennsylvania Woman Awarded $23 Million in Medical Malpractice Case

WFMZ-TV reports a Lehigh County, Pennsylvania jury has awarded a Lehighton woman $23 million in a medical malpractice case.  The woman had both legs amputated after her home care nurse failed to evaluate and report an infected catheter for appropriate treatment.

The lawsuit alleged the delay in reporting the infection led to a bloodstream infection that ultimately required the woman’s legs to be amputated below the knees.

The jury found the nurse and her employer, St. Luke’s Miners Memorial Home Care, negligent in caring for the plaintiff.

A spokesman for St. Luke’s said, “As with all malpractice cases, this is a complicated situation, but the resultant jury award is excessive and shocks the conscience.”  The spokesman did not indicate if they would appeal the verdict.

If you or a loved one has been harmed by a form of medical negligence, […]

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San Diego Man Awarded $2.4 Million in Asbestos Exposure Lawsuit

A San Diego Navy Veteran who was diagnosed in 2010 with mesothelioma, an asbestos-caused cancer, was awarded $2.4 million in damages after his disease was found to be attributed to his work in ship boiler rooms.

The lawsuit, filed against John Crane, Inc., claimed the plaintiff was exposed to asbestos while serving in the Navy from 1961 to 1971 in his work in the maintenance and repair of boilers, pumps and valves.  The suit claimed John Crane made some of the asbestos-containing packing material and gaskets in the equipment.

The total damages of about $2.4 million include nearly $1.4 million in noneconomic damages and $450,000 for loss of consortium.  The jury found John Crane five percent liable, the Navy and insulation companies 57 percent at fault, some manufacturers and suppliers 37 percent at fault.  The plaintiff himself was found to be one percent at fault. […]

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$322 Million Awarded To Man Over Asbestos Exposure

Negligent companies were aware of the cancer-causing nature of their asbestos product

In what is believed to be the largest award in a single plaintiff’s asbestos case, a jury has awarded $322 million to a 48-year-old man who is suffering from asbestosis and has to be on oxygen 24 hours a day.

The jury awarded $300 million in punitive damages and $22 million in actual damages and found the defendants were liable for defectively designing their product and failing to provide an adequate warning to workers.

The lawsuit, filed against Chevron Phillips Chemical Company and Union Carbide Corp., states the man worked in the oil field from the age of 16 in 1979 to the mid-1980s and mixed an asbestos drilling additive. It was during this time, the lawsuit claims, he inhaled the harmful substance.

The drilling mud was manufactured by Union Carbide and sold by Chevron Phillips. […]

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