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Damages

What Are Damages?

Damages are compensation, usually in monetary form, awarded in a civil court case for an injury or loss caused by another person’s negligence.

What Are Damages?

What Are Damages?

According to the American Bar Association (ABA), damages are tangible and non-tangible losses that can be quantified and documented, providing direct financial assistance to an injured party. Examples of damages can include medical bills, lost wages, pain and suffering, and property damage.

Damages are important in restoring the injured party to the position they would have been in had the wrongdoing not occurred. This concept is fundamental in both tort and contract law, where it addresses breaches of duty or contract, provides a financial measure of reparation, and is even more important in personal injury cases where the injured party receives compensatory damages for medical bills and pain and suffering.

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Do You Have to Go to Court for a Car Accident?

car accidentLike over 104,000 Pennsylvania state residents, you might find that you have gotten in an automobile accident (Pennsylvania Department of Transportation). Being in an automobile accident, alone, is difficult enough. However after the crash, you may feel even more overwhelmed once law enforcement, insurance companies, lawyers, and even perhaps doctors get involved with your case. Many may experience confusion over what obligations they are under immediately following the crash.

You may find yourself asking, “Do You Have to Go to Court for a Car Accident?

Even the most minor crashes can be traumatic experiences. We therefore recognize that car accidents can be particularly difficult times in a driver’s life. If you or a loved one was involved in a crash, we express our most sincere condolences. Working with an experienced car accident lawyer can make a huge difference, both in making this turbulent process a little smoother, […]

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Sports Injury Lawyer

In the United States, 30 million children and teens participate in some form of organized sports, and every year there are roughly 3.5 million sport-related injuries. Many of these injuries result in long-term recovery, ongoing medical treatment, and even death. While many sports injuries are simple accidents, sometimes these injuries are the result of negligence. For example, if players are not provided with adequate safety equipment or supervision, the responsible party may be held accountable for injuries that occur. sports injury lawyers Munley law

The experienced sports injury lawyers of Munley Law Personal Injury Attorneys have represented many victims who have suffered sports injuries. We have learned through years of experience that sports-related injuries and deaths are often caused by the negligent and careless actions of sport leagues, schools, coaches, and even other athletes. We offer free consultations to all sport injury victims and we do not recover a fee unless we win for you. […]

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Car Accident Lawyer in Ohio

The trauma of experiencing an accident doesn’t end once you leave the scene. We know that the mental, emotional, physical, and financial impact of a car accident can follow you for a very long time. It can all feel isolating and overwhelming, whether it’s you or someone you love carrying the weight and experience of your accident. In 2020 alone, Ohio saw 1,154 fatal car accidents, and 1,230 total traffic fatalities; there are, of course, thousands more accidents every year that are non-fatal but still traumatizing. 

We at Munley Law Personal Injury Attorneys know how hard the aftermath of an accident can be, and we are here to help you navigate a way through it. Don’t take this on alone: allow us to help so that you can focus on your recovery. Our highly experienced and compassionate lawyers are standing by and are ready to begin fighting for you at any time. […]

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What If I Get Into a Car Accident and I Don’t Have Insurance? 

Car AccidentCar accidents are unfortunately much more common than one might think. According to the Pennsylvania Department of Transportation, in 2020 there were 104,475 reportable traffic crashes in Pennsylvania. This means that roughly one in every 57 Pennsylvania residents was involved in a reportable accident.

If you or a loved one was involved in a crash, you may benefit from seeking out an experienced car accident lawyer. The car accident attorneys at Munley Law Personal Injury Attorneys can help. Contact us today for a free consultation to discuss the specifics of your case. 

What Is the Minimum Car Insurance Required in Pennsylvania?

Pennsylvania law requires motorists to have both a drivers’ license and vehicle liability insurance before getting behind the wheel, according to Pennsylvania DOT Driver & Vehicle Services. Vehicle liability insurance covers medical expenses, lost wages, and any other damages that occur from vehicle-related injuries. […]

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Can You Sue Someone for a Minor Car Accident?

Should You File a Claim After a Minor Car Accident?

Inspecting a car accident

Maybe it’s a small fender-bender in the grocery store parking lot. Or perhaps a driver misjudged the lane shift and tapped into your car. Sometimes these minor car accidents happen, resulting in minimal damage to your vehicle. While it may just be an inconvenience without injury, you may wonder, can you sue someone for a minor car accident?

The answer is yes — anytime you are involved in a car accident, you have a right to file a claim with your insurance or file a lawsuit against the other driver to recover compensation. The real question is, will your case be successful for a minor car accident?

Every accident can involve both non economic damages and economic damages. So, in some cases, a personal injury claim is appropriate to recover pain and suffering damages. […]

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Do You Always Get A Settlement From A Car Accident?

When Do You Get a Settlement From a Car Accident?

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.

How Car Accident Settlements Work

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, […]

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Your Guide to Filing a Personal Injury Lawsuit in Pennsylvania

Guide to Filing a Personal Injury Lawsuit in Pennsylvania

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). In filing a lawsuit, […]

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Determining Fault in an Auto Accident

After a car accident, hold the driver at fault accountable

The nation’s #1 personal injury lawyers explain how to determine who caused an auto collision

A crash can unquestionably change everything. Most people think that it won’t happen to them. However, 6 million drivers and passengers collide every year. The Centers for Disease Control and Prevention (CDC) reports that 3 million of those accident victims suffer serious injuries. Each year, 38,000 die in fatal car, SUV, and truck crashes. In addition to these tragic injuries and deaths, auto collisions are tremendously costly. In fact, the CDC reports that “medical care costs and productivity losses associated with injuries and deaths from motor vehicle crashes exceed $75 billion.” In most causes, determining fault in an auto accident is also the first step towards figuring out who must pay a crash victim’s expenses. However, this can be complicated. […]

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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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Frequently Asked Questions About Sepsis

Sepsis FAQ: I Was Diagnosed with Sepsis–Can I Sue the Hospital?

What is sepsis and is it serious?

According to the Center for Disease Control and Prevention (CDC), sepsis is the body’s extreme inflammatory response to an infection that occurs when harmful germs, bacteria, and toxins enter the blood, skin, lungs, urinary tract, or other tissue and cause an infection. If that infection is not treated, it can spread and cause sepsis.

The CDC classifies sepsis as a life-threatening medical emergency, sometimes resulting in the need for amputation, organ failure, and death.

Sepsis has a remarkably high mortality rate; about 50% of the 1.5 million people who contract it go into septic shock.

What Causes Sepsis?

Any infection can cause sepsis, but the most common types of infections that eventually lead to sepsis are:

  • Pneumonia and Other Lung Infections
  • Urinary Tract Infections
  • Abdominal Infections
  • Bloodstream Infections
  • Kidney Infections
  • Skin Infections

According to the CDC, […]

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Bloomsburg Car Accident Lawyer

drugged driving car accident

Have you been injured in a car accident in Bloomsburg? Contact a car accident lawyer at Munley Law Personal Injury Attorneys today for a FREE consultation.

When you or your loved one have been injured in a car accident in the Bloomsburg area, your choice of legal representation matters. The car accident attorneys at Munley Law Personal Injury Attorneys have a long history of winning cases. Our lawyers have earned national recognition for their success, and have been named among the Best Lawyers in America (via Best Lawyers), Pennsylvania Super Lawyers, and the nation’s Best Law Firms (U.S. News and World Report).

For more than 60 years, the car accident attorneys at Munley Law Personal Injury Attorneys have been handling auto accident claims for injured victims and their families in Columbia County and beyond. […]

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$29.4 million verdict in Johnson & Johnson talcum powder case

J&J Talcum Powder Case

On Wednesday March 13, 2019 a California jury awarded Teresa Leavitt $24.4 million and her husband, Dean McElroy $5 million in a trial brought by them against Johnson & Johnson.  Teresa Leavitt believes her mesothelioma, a terminal disease caused by asbestos exposure, is linked to her regular use of Johnson & Johnson’s talcum powder. 

talcum powder lawsuit lawyer

The Leavitt case is the first case to be tried since a bombshell report by Reuters and the New York Times about the contamination of baby powder with asbestos.  Both reports sighted leaked internal documents showing Johnson & Johnson knew about the problem as far back as 1971.

Johnson & Johnson said they were disappointed in the verdict and they would pursue an appeal. Johnson & Johnson’s spokesperson, Kimberly Montagnino said, “we will pursue an appeal because Johnson’s Baby Powder does not contain asbestos or cause cancer.”  She also stated, […]

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Volkswagen Recall Reveals Scam, Hurts Germany’s Reputation

30371832_sLast week, we heard yet another story of a major automaker intentionally deceiving the public and the government.

Volkswagen has been ordered by the Environmental Protection Agency to recall nearly half a million diesel powered vehicles in the U.S. due to  a software designed to cheat emissions tests. The software in the vehicles detects when an emissions test is being performed, and will reduce smog emissions during the test, making the car appear to be more environmentally friendly than it actually is. During normal driving time, the vehicles can emit up to 40 times the amount of nitrous oxide allowed by the Clean Air Act.

For a year, VW claimed that this discrepancy was the result of technical errors, but last week they admitted that the software was designed to intentionally cheat the tests.

Affected models include: diesel versions of the Jetta, […]

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Amtrak Investigation Continues, Lawsuits Begin

amtrack train

Deadly Amtrak crash still under investigation, attorneys concerned over 1997 damages cap of $200M

Four passengers and one of the conductors on board the derailed Amtrak train 188 have filed lawsuits against Amtrak as the investigation continues. Amtrak service between Philadelphia and New York resumed this morning with Michael Nutter, mayor of Philadelphia, there to see passengers off.

Speculation as to the official cause of the crash is still going on

Was an object hurled at the train moments before the crash? Does it matter? While the object may not have done damage to the train itself, some say it could have alarmed, distracted, or even wounded the conductor, who says he has no memory of the crash or the final moments leading up to it.  A“black box” data recorder will give a more accurate reading of the train’s speed, […]

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Auto Accidents Caused by Defective Roads

auto accidents caused by defective roads munley law

Sometimes it is the road that is at fault in an auto accident. Defective road conditions can cause a driver to lose control of his/her car, leading to an auto accident that can result in serious personal injury or death. But when the road is at fault, who is responsible for your injuries?

Roads in Pennsylvania are the responsibility of either the state or local municipalities. Although Pennsylvania’s Sovereign Immunity Act generally bars suits against the Commonwealth and other government entities, dangerous conditions on highways created by potholes, sinkholes or similar conditions are exempt from sovereign immunity.

The Pennsylvania defective road condition car accident attorneys of Munley Law believe that when hazardous road conditions lead to accidents, injury, or death, the responsible government agency and/or a private contractor that worked on the road should be held accountable. The victims of accidents caused by unsafe roads deserve full and fair compensation for their injuries and losses. […]

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Jury awards $175 million in Trinity Guardrail Case

Daniel MunleyTrinity Industries, the maker of highway guardrails, was found by a jury on Monday to have defrauded the federal government. The jury in Texas, found Trinity liable in the civil lawsuit for violating the False Claims Act, according to CNBC. The jury said that those violations caused the U.S. Government to incur $175 million in damages, as the federal government helps state transportation departments purchase approved products, including Trinity guardrail products, for use on highways across the country. Under the federal False Claims Act, the verdict amount would be tripled to $525 million.

The case was filed by Joshua Harman, a competitor who discovered that in 2005, the company had made changes to a piece of steel in the front of the guardrail without alerting the Federal Highway Administration (FHWA), as is required. Harman’s lawsuit claimed the modifications made by Trinity could be deadly. […]

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Another Victory For Munley Law Personal Injury Attorneys

Munley Law Personal Injury Attorneys attorneys deliver successful verdict for injured client

Munley Law Personal Injury Attorneys logo
A jury returned a verdict in the amount of $200,500 in favor of Sandra Seamans of New Milford, Pa. on Wednesday, September 10, 2014, following three days of testimony before the Honorable Malachy Mannion. Mrs. Seamans claimed she was injured following a rear-end automobile accident that occurred in 2011 on I-81 South near Exit 223.

The Defendant in the case was Universal Technical Institute and its employee. The verdict awarded damages to Mrs. Seamans for wage loss and pain and suffering resulting from chronic neck and back pain that she suffered in the accident. We are thrilled with the verdict,” said lead attorney, Marion Munley. “Justice was served.”

Sandra Seamans was represented by Marion Munley, Caroline Munley and Julia Munley of Munley Law Personal Injury Attorneys.

[…]

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GM recalls 8.4 million more vehicles, announces compensation

GM recalled another 8.4 million vehicles on Monday, which included more than 8 million for ignition switch defects. The latest recall brings the total vehicles recalled by GM this year alone to 29 million. U.S. News and World Report mentioned that 17.1 million of the recalled vehicles were because of faulty ignition switches.

Some of the latest vehicles recalled date back to 1997 and extend to 2014 models. According to Forbes, vehicles included in the latest recall include the 1997-2005 Chevrolet Malibu, 1998-2002 Oldsmobile Intrigue, 1999-2005 Pontiac Grand Am and 2003-2014 Cadillac CTS.

The Wall Street Journal reported that the automaker admitted it knew of seven crashes, eight injuries and three fatalities involving the cars recalled for the new ignition switch problems. This was essentially the same problem with 2.6 million recalled Chevy Cobalts and other vehicles linked to 13 deaths and 54 accidents. […]

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Attorney Marion Munley’s Article on the Vanishing Jury Trial in The Scranton Times

Marion MunleyAs seen in The Scranton Times. America’s long and proud history has been shaped by lawyers and judges who made lasting contributions to the preservation of individual liberties guaranteed by the Constitution. To the Founders, the right to jury trial, secured by the Seventh Amendment, was on par with the right to vote and the right to free speech. In the initial draft of the Declaration of Independence, Thomas Jefferson’s litany of abuses by the king included, prominently, “depriving us of the benefits of trial by jury.”

Jefferson considered “trial by jury as the only anchor ever yet imagined by man that holds the government to the principles of its Constitution.” Jurors are true public servants who commit their time, critical thinking and impartiality to their fellow Americans. Jurors serve as checks and balances on our judicial system, and a jury trial is a fundamental right critical to our democracy. […]

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Most People Will Be Surprised to Hear How Much Money Pennsylvania Personal Injury Lawyers Can Get For a Bus Crash Settlement

Bus Accident Cases are complicated in Pennsylvania – there are many damages you could potentially sue for. Personal injury lawyer explains:

  • What damages could you sue for?
  • What percentage of bus accident cases do   Pennsylvania Personal Injury Lawyers settle?
  • What kinds of fees do Personal Injury Lawyers in Pennsylvania charge and when are these fees imposed? 

Pennsylvania Personal injury lawyer

WATCH VIDEO: THE PENNSYLVANIA PERSONAL INJURY LAWYERS AT MUNLEY LAW:

What kinds of damages can Pennsylvania personal injury lawyers recover after your bus crash?

After you or a loved one gets into an accident with a bus or while riding on one, you may be wondering what kinds of damages you could get reimbursed for if your Pennsylvania Personal Injury Lawyers are able to settle your lawsuit for you.

In a Pennslyvania Bus Accident case, […]

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