What is a Standard of Care?
The Standard of Care in a given setting is the level of care that the average person would apply in that setting. Care encompasses the level of diligence and skill that the average person would be able to apply to a given scenario. According to Cornell Law School’s Legal Information Institute, standard of care is an “essential concept” in cases of negligence.
The standard care of an average person revolves around what is known as the reasonable person standard. The average person may have specified knowledge in a certain field that is greater than average. However, the reasonable person standard holds individuals to acting how the average person would given that they have similar knowledge. For example, the average person may not have the medical knowledge of a doctor. But doctors are held to acting in a way that the reasonable person would act if they did have such knowledge. This is important in medical malpractice cases, where appropriate standard of care must be specified before it can be proven if that standard was breached or not.
There are certain circumstances that apply different standards of care. Adults, for example, are held to higher standards of care than children. Any profession is held to a specific standard of care. A doctor that consistently provides incorrect diagnoses may be able to be found liable for damages incurred from those misdiagnoses, simply because the average, reasonable doctor would not do that.
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What is the difference between contributory negligence and comparative negligence?
Understanding the nuances of negligence is crucial when you’re involved in a personal injury case. Two terms that often come up are “contributory negligence” and “comparative negligence.” These legal doctrines can significantly impact the outcome of your case, affecting everything from eligibility for compensation to the amount you might receive.
What is Negligence?
Negligence is a legal term that refers to the failure to exercise the level of care that a reasonable person would have exercised in a similar situation. It’s not just about doing something wrong; it’s about failing to do what’s right to prevent harm to others. Here are some key elements that typically must be proven to establish negligence in a personal injury case:
Duty of Care
The first element in proving negligence is establishing that the defendant owed a “duty of care” to the plaintiff. […]
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Williamsport Medical Malpractice Lawyer
If you or a loved one have suffered due to medical negligence in Pennsylvania, you have undoubtedly been through an incredibly taxing and overwhelming experience. Here at Munley Law, we believe that every victim who has been harmed or injured at the hands of a physician has a right to justice. You can trust Munley to provide compassionate and relentless representation as you navigate your personal injury case.
Our attorneys are renowned for their in-depth understanding of the complexities of medical malpractice cases, and are considered some of the leading lawyers in medical personal injury cases. What’s more, we have a proven track record of securing substantial compensation for our clients in Williamsport, PA and around the country.
At Munley Law, we are committed to holding negligent doctors accountable and ensuring that justice is served. With our unwavering dedication and proven track record, you can rest assured that your case will be in the hands of top-tier advocates, […]
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What Kind of Compensation Can I Get For My Construction Accident Injuries?
Construction accidents can be a life-altering experience, with consequences that reach far beyond physical harm. If you’ve been injured on a construction site, it’s important to understand the potential value of your case. This article seeks to help you unravel the complexities of estimating this worth, considering factors from medical expenses to emotional trauma. Remember, every case is unique and hinges on numerous elements. Consult with a Hazleton construction accident attorney for a precise evaluation of your specific circumstances.
Grasping the Concept of Legal Damages
When you’re navigating a construction accident case, you’ll often come across the term “legal damages.” These damages refer to the monetary compensation you can potentially receive if your case is successful. Understanding them is crucial as they form the basis for assessing the worth of your case.
It’s important to note that if you are working at the time of the construction accident, […]
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Vermont Truck Accident Lawyer
Each year, Vermont drivers are involved in hundreds of accidents involving heavy trucks. Most of these take place on major routes like I-89 and I-91, but truck accidents resulting in serious injuries also take place in cities like Burlington as well as on rural town roads.
If you or someone in your family suffered serious injuries in a Vermont truck accident, you don’t have to go through the claims process alone. A truck accident is no ordinary insurance claim; you need an experienced truck accident attorney who can hold negligent transportation companies responsible and fight for the maximum amount of compensation you deserve. Contact Munley Law for a free consultation with a truck accident attorney today. There’s no fee unless we win your case.
How Are Car Accidents and Vermont Truck Accidents Different?
While car accidents and truck accidents may seem similar at first glance, […]
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Hazleton Medical Malpractice Lawyer
If you need a medical malpractice lawyer in Hazleton, Munley Law Personal Injury Attorneys is here for you.
We trust doctors, nurses, and other healthcare providers with our lives and the lives of our loved ones, and expect that a trip to the hospital will make us better, not worse. Unfortunately, medical malpractice is the third leading cause of death in the United States. Healthcare professionals make careless mistakes that severely injure patients every single day. These errors can have grave consequences. Victims often suffer infections, require additional procedures and surgeries, lose their ability to work, incur expensive hospital bills, and sometimes even die because of their medical providers’ malpractice.
At Munley Law Personal Injury Attorneys, we understand the pain and uncertainty surrounding a catastrophic injury caused by a doctor’s negligent mistakes. That’s why our Medical Malpractice Team has spent more than 60 years fighting for victims and their families. […]
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Pittsburgh Birth Injury Lawyer
Our Pittsburgh Birth Injury Lawyers Will Get You Justice
Having a baby should be a joyous occasion. Unfortunately, when medical negligence causes a birth injury, the consequences can be devastating for the entire family. As leading birth injury lawyers in Pittsburgh, Munley Law is dedicated to providing support and representation to families affected during the difficult time following a birth injury. We understand the suffering and loss a family can experience when a child is injured during birth due to medical negligence. Our attorneys are experienced in working with families to seek justice for the wrongs that occurred.
At Munley Law, our Pittsburgh personal injury lawyers are committed to providing personalized representation to each client we serve. Our attorneys have extensive knowledge and experience handling birth injury cases. We can provide you with the resources and legal guidance you need to seek justice. […]
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What Happens When a Trucking Company Violates FMCSA Rules?
What is the FMCSA?
You probably have never heard about the Federal Motor Carrier Safety Administration, known as the FMCSA. The FMCSA is a federal agency responsible for overseeing commercial motor vehicles, generally large trucks and buses, in the United States. It is charged with reducing crashes, as well as injuries and fatalities, caused by accidents involving commercial vehicles.
Even with an agency responsible for overseeing the industry, there are, of course, accidents involving commercial trucks and buses. And some of those accidents are caused by those who fail to–or choose not to–follow FMCSA regulations. Below, our truck accident lawyers explain briefly what happens when a trucking company violates federal motor carrier safety rules.
What are FMCSA Rules? Where Do they Come From?
The FMCSA is a federal agency housed within the Department of Transportation. […]
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Philadelphia Taxi Accident Lawyer
Injured in a Taxi in Philadelphia? We Can Help.
Whether you’re taking a taxi to go out with friends, to avoid trying to find parking near a busy restaurant, or heading to the airport, you expect an experienced taxi driver will get you there safely. However, taxi drivers can also be overly confident they know how to drive in a familiar city and may rush while trying to maximize their time and the fare.
We know a lot of Philly residents rely on public transportation such as taxis to get from point A to point B.
If you were injured as a passenger in a taxi cab, our Philadelphia auto accident lawyers are here to help you recover.
Getting into an accident in cab can be a stressful experience. You have no control over the vehicle or the driver, […]
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Pittsburgh Texting While Driving Accident Lawyer
Texting behind the wheel makes you 23 times more likely to get into a crash. According to the Virginia Tech Transportation Institute, you are six times more likely to be in a motor vehicle crash while driving if you’re texting versus if you were intoxicated. Still, people all over the city of Pittsburgh use their phones while driving every day, and innocent people get hurt. If you were injured in a car accident in western Pennsylvania caused by someone who was texting and driving, a Pittsburgh texting and driving accident lawyer at Munley Law can help make things right. We represent drivers, passengers, pedestrians, motorcycle riders, and bicyclists who have been injured in Pittsburgh and Allegheny County by distracted drivers.
Contact a Pittsburgh car accident lawyer at Munley Law Personal Injury Attorneys today for a free consultation. We will listen to you, answer your questions, […]
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Philadelphia 18 Wheeler Accident Lawyer
Your Advocates After an Accident With an 18 Wheeler
When you or a loved one has been hurt in an 18 wheeler truck accident in Philadelphia, you might be facing an uphill battle to recover the just compensation you deserve. Eighteen wheelers, also known as tractor trailers or semi trucks, are heavy commercial trucks that can weigh over 80,000 pounds and are 25 times the size of an average passenger vehicle.
Truck accidents are far more serious than most passenger vehicle crashes. Commercial truck accidents involving 18 wheelers can cause far more serious injuries than car accidents. If you have been involved in a truck accident in Philadelphia, you need an experienced Philadelphia 18 wheeler accident lawyer on your side.
The Philadelphia truck accident lawyers at Munley Law Personal Injury Attorneys have over 60 years of experience handling truck accident claims throughout Pennsylvania. […]
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How Long Do I Have to Tell My Insurance I Was In a Car Accident?
What is the Statute of Limitations After a Car Accident?
Though they may be all too common, car accidents and the potential associated personal injury lawsuits in general, follow very specific statute of limitations and they vary depending on the state you live in.
If you or a loved one has been injured in a vehicle accident you have legitimate reasons to be confused, distracted and unsure about your state laws regarding time limits. What IS a reasonable time frame for you to open your claim? What can you expect from the claim process? What is the legal time limit for filing a personal injury claim?
If you were involved in a car accident, the car accident lawyers at Munley Law Personal Injury Attorneys can help. Contact us today for a free consultation.
When Do I Report a Car Accident to the Insurance Company? […]
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How Long Do I Have to File a Lawsuit After a Car Accident?
What Are the Statute of Limitations in a Car Accident?
In the days and weeks following a car accident, you are focused on a lot of distracting and important things such as medical visits, recovering from any injuries sustained in the auto accident, worrying about finances such as trying to repair vehicle damage, replacing a vehicle that was lost, lost wages from missing work for injury or doctor visits and more. Time can move faster than it seems. So you might be wondering: What are the statute of limitations for filing a car accident claim in Pennsylvania?
You may not know this but car accidents and personal injury lawsuits in general, follow very specific statute of limitations depending on the state you live in. The car accident lawyers Munley Law Personal Injury Attorneys explains how long you have to file a personal injury lawsuit after a car accident and what steps you need to take to meet those time constraints. […]
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Preserving Evidence After a Truck Accident
Most people know, generally, that they have rights after an accident caused by someone else. However, knowing you have rights in the abstract is very different from being in a situation in which you have to enforce those rights. This is especially true following a truck accident, which often times cause more severe injuries and involve multiple drivers. A truck accident lawyer can help you navigate the aftermath an accident. But that lawyer will need evidence if they’re going to win.
There’s no way around it, being in an accident is scary and overwhelming. For that reason, our first thought after a truck accident is rarely “What evidence do I need to successfully recover for my injuries in a personal injury claim?” It’s completely understandable; injuries after a truck accident are often traumatic, and you and your family are focused on recovery. However, in the days, […]
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What Can I Sue for After a Truck Accident?
A truck accident can happen at any time. When you are in a passenger vehicle, on a bike or motorcycle, you are particularly vulnerable to serious injuries. Trucks are heavy vehicles with a lot of force and the potential to cause serious damage just by their sheer size and weight.
Pennsylvania has many interstates, routes and highways which see a lot of truck traffic. If you have ever been traveling on route 81 for instance, you know how intimidating and scary it can swiftly become to be surrounded by large trucks going at a high rate of speed.
After a truck accident you might be facing a lot of frustrating and confusing hardships. You can have minor or very serious injuries, you might have lost your vehicle which was your primary transportation to work, you might be angry and scared looking forward to a future with physical therapy, […]
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Are Slip and Fall Accidents Hard to Prove?
Are Slip and Fall Accidents Hard to Prove?
Proving negligence in a slip and fall accident comes with its own complications. Were you not paying attention? Was the property it occured on your own? Or did it happen in a public space?
Though proving negligence in a slip and fall accident can be difficult, it is important to do so if you want to seek recovery for the damages you incurred.
At Munley Law Personal Injury Attorneys, we know how critical these personal injuries cases are to your overall recovery. We have been helping slip and fall accident victims for more than 60 years and we’re ready to help ensure you get the compensation you deserve.
Components of Negligence in Slip and Fall Accidents
Following a slip and fall, your main priority is to seek medical attention. […]
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Should I Get a Lawyer for a Slip and Fall?
A Slip and Fall Accident Attorney Can Help
A slip and fall accident occurs when one party is injured when slipping or tripping and falling, usually on another person’s property, due to some sort of hazardous condition. This “hazardous condition” could be any number of things, such as a wet or slippery floor, a faulty handrail, or loose carpeting.
Many people may not realize just how serious the injuries caused by a slip and fall accident can be, for anyone, but particularly people over 65. In fact, 75% of slip and fall accident deaths occur in this age group, and 66% of all injury cases in people over 65 are the result of a fall.
If you have been injured in a slip and fall accident, you may well be entitled to compensation. But simply determining whether you have a case, let alone navigating the legal and insurance systems as you fight for compensation, […]
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Can I Sue After a Car Accident If I Was Not Hurt?
What Options Are Available After A Car Accident With No Injuries?
Everyone knows that if you are injured in a car accident, you have the option to file a lawsuit against the other driver. But what happens if you only suffer damage to your vehicle? Can you sue the other driver?
Even if you suffered no physical injuries during an accident caused by the negligence of another driver, you could still recover property damage costs. If your insurance company refuses to repair or replace a car you suffer heavy damage you might need to seek court action to have them repaired or replaced.
Understanding your legal rights after a car accident is paramount. Please note that Munley Law handles personal injury cases only.
Filing Car Accident Claim with Insurance Company
The best way to ensure you recover compensation and financial losses from insurance companies or liable parties in your car accident property damage settlement is to hire an experienced car accident property damage lawyer. […]
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Expert Witnesses in Medical Malpractice Cases
What Does an Expert Witness Do in a Medical Malpractice Case?
While each medical injury is different, all medical malpractice lawsuits require expert witnesses. Experienced medical malpractice lawyers, like our award-winning team at Munley Law Personal Injury Attorneys, know when and how to use a good expert witness. If you are planning on filing a claim in a Pennsylvania court, then make sure you understand these points about experts.
Why Do I Need an Expert Witness in My Medical Malpractice Claim?
There are several reasons why medical malpractice plaintiffs need expert witnesses.
The Certificate of Merit
First, in Pennsylvania, all med mal plaintiffs must file a “Certificate of Merit.” The purpose of this document is to protect doctors and other medical practitioners from frivolous lawsuits. An expert witness must sign the Certificate of Merit to verify that the expert:
- Reviewed the case
- Believes there is a basis to conclude that the doctor’s care, […]
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Bethlehem Medical Malpractice Lawyer
If you need a Bethlehem medical malpractice lawyer to win justice for you, you need Munley Law Personal Injury Attorneys
America’s best medical malpractice lawyers
The award-winning lawyers at Munley Law Personal Injury Attorneys have fought for medical accident victims in the Lehigh Valley and throughout Pennsylvania for over 60 years. In fact, when our father, Robert W. Munley founded Munley Law Personal Injury Attorneys in 1959, he made it his mission to provide justice for all against the most powerful corporate entities. Today, we are proud to say that we’ve honored that mission, and we win millions for our personal injury clients.
If you are ready for one of our leading Bethlehem medical malpractice lawyers to win millions for YOU, schedule your free consultation right away.
Get justice, get results, and get maximum compensation for your injuries/illness caused by medical error in the Lehigh Valley
According to the Medical Malpractice Center (MMC), […]
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Pottsville Medical Malpractice Lawyer
If you or someone you love suffered due to medical negligence in the Pottsville area, contact a Pottsville medical malpractice lawyer at Munley Law Personal Injury Attorneys for a free consultation
When someone suffers harm because of medical mistakes or failure to follow a standard of care, the negligent caregiver should be held responsible. As the patient or patient’s family member, you may be eligible for financial compensation for your suffering. The medical malpractice lawyers at Munley Law Personal Injury Attorneys can help. For nearly 60 years, our personal injury lawyers have helped people like you who have been harmed by medical errors or negligence.
Medical malpractice cases are often very complex. It is vital that you consult with an experienced medical malpractice attorney in Pottsville to ensure your have the best chance of recovering full and fair compensation for your losses. […]
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