Pennsylvania Negligence Claim Attorneys

Proving negligence is essential in any personal injury lawsuit. If you or someone you love suffered serious harm in a Pennsylvania accident, you must provide strong evidence that your injuries are the direct result of someone else’s irresponsible behavior.

Tracking down witness reports, police reports, medical records and other important documentation to bolster a negligence claim may be impossible or overwhelming for you while you are recovering from your accident. Let a Pennsylvania negligence attorney help you build a solid case. 

The attorneys at the Scranton law firm of Munley, Munley & Cartwright have aggressively represented clients in Pennsylvania negligence claims for more than 40 years. We understand the complexities of Pennsylvania’s personal injury laws and are skilled in proving negligence and helping victims and their families obtain compensation when someone else’s recklessness caused their injuries.

Our firm represents clients throughout Pennsylvania and has offices in Scranton, Carbondale, Plains, Stroudsburg, Hazleton and Hamlin. To schedule a free consultation, contact us online or by calling 877-421-9173.

What is Negligence?

Negligence is a branch of the law known as tort law. In simple terms, a tort is a wrongful act that results in harm to another person or another person’s property. Torts form the foundation on which a lawsuit is built.

A negligent tort arises when a person fails to act in the way that a reasonable person would do under the same circumstances. For example, it is a widely accepted standard that a driver will stop at a red light. If he runs the light and hits you, he has committed an act of negligence and may be held liable for any injuries or property damage that he caused.

There are five elements that are required to establish a negligence case:

1. Duty of care: You need to prove that the person who harmed you had a duty of care – or obligation – to act in a way that would keep you safe from harm. In the red light example above, the driver owed a duty of care to you to drive responsibly.
2. Breach of duty: Once you establish the duty-of-care relationship, you must show that the person violated their responsibility to you.
3. Causal connection:  You must provide evidence that the breach of duty is what caused your injuries.
4. Proximate cause:  Proving proximate cause is based on foreseeability. For example, could the driver who ran the red light have anticipated your injuries the way a reasonable person in the same circumstances could have?
5. Damage: You must present evidence of actual harm and damage that you have suffered due to negligence.

Negligence does not apply only to a person. A company, organization, business, product manufacturer and/or other entities may be subject to negligence lawsuits as well. It is advisable to speak with a knowledgeable attorney who can help you determine who may be at fault for your injuries and what legal options are available to you.   

Pennsylvania & Comparative Negligence

Sometimes more than one party is responsible for an accident. You may even be partly at fault. But just because you played a role in the accident, that doesn’t bar you from recovering compensation for your injuries.

Pennsylvania operates under what is called the modified comparative negligence law – 51% rule. That means that if you are less than 51% responsible for an accident, you can still collect damages in a Pennsylvania personal injury claim. A judge or jury will determine your percentage of fault in court.

Injured? Contact Our Pennsylvania Lawyers Now  

At Munley, Munley & Cartwright, our goal is to provide exceptional legal services to our clients. We strive to achieve the highest standard of excellence for the protection of individual rights through teamwork and the use of our considerable legal resources and experience. For a free consultation regarding your negligence case, call 877-421-9173 or use our online form.