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?

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.

More information about Damages

Car Accident Round-Up: Policeman Dies in PA Car Chase

Suspect of previous hit-and-run arrested for suspected vehicular homicide in car accident

Pennsylvania Car Chase Leads to Policeman’s Death
According to the Pittsburgh Post-Gazette, police stopped a 35-year-old man suspected of an earlier hit-and-run accident in Granville, WV early Saturday morning. The man refused to get out of his car, and drove off leading police on a car chase into Pennsylvania. A WV police sergeant had pulled his SUV off the road on I-79 near the one-mile marker in PA and was ready to assist in stopping the vehicle when the suspect crashed into the SUV. The policeman was taken to the nearby hospital where he was later pronounced dead. The suspect was arrested on suspicion of homicide by vehicle while police await toxicology test results. Police believe the man was driving drunk and taking prescription anti-anxiety drugs.

Three U.S. Marines Die in CA Car Accident, […]

Alcohol-Related Crash in PA Kills WV Policeman

Police officer killed by drunk driver in crash during car chase

A man fleeing police led them on a chase from West Virginia into Pennsylvania where the suspect slammed into a police cruiser, killing 41-year-old Monongalia County, WV Sgt. Michael Todd May. According to the Pittsburgh Post-Gazette, the suspect was arrested on suspicion of homicide by vehicle, and police are awaiting BAC test results. Police believe the man was driving drunk and taking prescription anti-anxiety drugs.

The Saturday morning accident occurred after police stopped a 35-year-old man suspected of an earlier hit-and-run accident. Instead of getting out of the car, the man drove off. May had pulled his SUV off the road on I-79 near the one-mile marker and was ready to assist in stopping the vehicle when the suspect crashed into him.

May leaves behind his parents and a younger brother. […]

PA Car Accident Serves as Child Safety Reminder

A PA car accident earlier this month in Nicholson Township, about 25 miles outside of Scranton, PA, left a man and his 3-year-old daughter dead. According to an article in the Times-Tribune, the man, who was driving a pickup truck, crossed the center line on West Nicholson Road and struck another pickup head-on. The police report that while the father was wearing a seat belt, the toddler was not in either a child-safety seat or in a seat belt. The girl and her father were both pronounced dead at the scene from “massive traumatic” injuries.

Our Pennsylvania car accident attorneys have seen the devastation that car crashes can cause, and we know that sometimes restraints cannot protect the lives of those in accidents. However, the National Highway Traffic Safety Administration (NHTSA) reports that when properly restrained infants have a 71% greater chance of surviving a car crash and toddlers have a 54 percent decrease in the risk of death. […]

Car Accident Round-Up – SC Car Crash Kills Four

Car caught fire, however coroner reports victims were killed upon impact

Four Die in Fiery South Carolina Car Crash
Four friends died in a fiery car crash around 5 a.m. last Wednesday morning in Columbia, South Carolina. The four, who had been out celebrating a birthday, were traveling together in a Dodge Charger on George Rogers Boulevard when their car slammed into the Farm Bureau Insurance building at the Shop Road intersection. The car became engulfed in flames, but the coroner reports the four died upon impact. The friends were in their early 20’s. Police are continuing to investigate the accident, however, they believe speed and alcohol may have been contributing factors in the accident.

One Teen Dies, Four Injured in VA Accident
A five-car accident Monday afternoon near Rocky Mount, Virginia has claimed the life of a 17-year-old boy and left three other teens and an adult injured. […]

FL Nursing Home Hit with $200M Neglect Verdict

According to an article in the Tampa Bay Pines, Trans Health Management has been ordered to pay the largest nursing home neglect verdict in Florida history. The $200 million verdict was awarded to the family of a 92-year-old woman who was found dead at the bottom of a stairwell at Pinellas Park Care and Rehabilitation Center in Pinellas County, Florida in 2004.

The staff at the Center did not notice the woman was missing for over an hour. They then found her still strapped in her wheelchair at the bottom of 10 steps at the open emergency exit stairwell. She died shortly before the paramedics arrived.

Trans Health Management Inc., which oversaw the nursing home at the time of the accident, did not present a defense in the case. During the trial, former employees at the home testified that the door to the stairwell was supposed to be locked, […]

Florida Company Sued in Car Accident Over Driver’s Poor Record

According to NaplesNews.com, the parents of a teen who died in a vehicle accident as he and others were being driven back to their school after competing in a flag football game have filed a lawsuit against the driver’s estate and his employer. The driver had a poor driving record with over 18 tickets, and the lawsuit alleges the company should not have allowed the man to drive the students.

The accident occurred last month when the driver lost control as he approached a 90-degree turn on Wagon Wheel Road, about three miles west of Turner River Road in Ochopee, Florida. The vehicle struck a traffic sign and flipped into a canal. The driver and the teenager died in the accident. The six other passengers suffered minor injuries.

The lawsuit points out that the driver’s license had been suspended six times, and on the night of the accident his license had been suspended three months. […]

Minnesota Family Seeks Damages in Fatal Car Crash

The trustee of a teenager who died in a car crash near Claremont, MN, in 2010 is suing the driver and father of the car the teen rear-ended. The lawsuit seeks compensation for loss of aid, medical expenses and funeral expenses, as well as other compensation, according to the PostBulletin.com.

The deceased teen was in the second car traveling in a “caravan” of four cars on their way to a football game. When the driver of the lead car came upon a deer in the roadway he slammed on his brakes causing a chain-reaction collision. The injuries the teen sustained in the accident were fatal.

The lawsuit alleges the driver of the lead car was driving too fast and should have tapped his brakes to warn those following him of the obstacle in the road.

The suit seeks over $100,000, including $50,000 for “the loss of aid, […]

Lawsuit Settled in HS Football Player’s Death

A 2006 lawsuit filed by the parents of a Henderson County, KY high school football player who died during practice has finally been settled. Although the terms of the settlement are sealed, both parties said they were glad to put the dispute behind them.

The lawsuit claimed negligence against several school personnel and a doctor, but the suit dragged on while the insurance companies continued to argue over which one bore the most responsibility, according to Kentucky.com.

The 16-year-old football player died during practice on a hot, humid day in July. The defendants claimed the teen died due to an underlying cardiac condition.

The father said his son’s death had played a part in changes to state law and athletic regulations that deal with heat. While he said the settlement was a “bitter pill to swallow,” he also said that without filing the suit they would not have gotten the details surrounding their son’s death. […]

PA Jury Awards Over $11 Million to Plane Crash Victims

A Philadelphia, PA jury awarded two victims of a 2009 plane crash, who suffered significant, permanent injuries, over $11 million in damages. The pilot and her passenger both sustained third-degree burns over 35 percent of their bodies.

The lawsuit alleged the Cessna 337 Skymaster twin-engine aircraft in which they were flying crashed shortly after takeoff due to “ineffective inspections and maintenance.” The plane crashed into a water treatment plant in Georgia after losing power in one of its engines. The second engine could not handle the extra load due to problems to it as well.

The pilot’s injuries have prevented her from returning to work as an airline pilot. She was awarded $6.458 million, which was reduced by 20 percent because of her attributable negligence, according to the court docket.

The passenger, who was a doctor, has been able to return to his work performing cancer dermatological surgeries. […]

NJ Man Awarded $4 Million in Overdose of Drug at Party

A New Jersey man has been awarded more than $4 million after he suffered permanent nerve damage when he took the drug Xanax that was obtained illegally from a Ridgewood, NJ pharmacy. The drug was given to him at a 2007 party by a former employee of the pharmacy.

According to NJ.com, the lawsuit was filed against the pharmacy, several guests of the party where the then 17-year-old was given the drug, the party’s host, and the host’s mother. The drug was stolen from the pharmacy.

After the man took the drug he fell into a coma. However, the guests did not call 911 and waited a while before finally driving him to the hospital. The man’s nerve damage has impaired his ability to walk and talk, and he is now homebound trying to recuperate. According to his lawyer, he has been declared incompetent. […]

Four Men Die in Christmas Day Car Crash

Police suspect speeding during suboptimal conditions to be the cause of crash

Deadly Maine Accident Leaves Four Dead
A tragic Christmas Day car crash in Palermo, Maine, left four men dead – two brothers in one vehicle, and a man and his father-in-law in another. The Bangor Daily News reports the two brothers were traveling on Route 3 in an SUV that apparently lost control and skidded sideways into the path of the other car, which struck the SUV broadside. All four men died at the scene. Police are continuing to investigate, but believe the SUV was traveling too fast for conditions after a light snow dusted the roadway. The brothers were aged 18 and 21-years-old. The two men were 64 and 83-years-old.

Two Teens Die in Florida Accident
Two teenagers, both 18-years-old, died in a Sunday evening car crash in Bradenton, FL, according to My Fox Tampa Bay. […]

Segway to Pay $10 Million to Connecticut Man

A Connecticut man was awarded $10 million in a lawsuit against Segway Inc. after the man fell from a Segway he was riding in Sept. 2009 and suffered a traumatic brain injury. Lawyers for the man claimed Segway staff should have supplied the man with a helmet.

The then 23-year-old man was riding in “the Segway Challenge” during a fundraising event at Southern Connecticut State University for the Special Olympics. The man rode the obstacle course, that was set up by Segway employees, with a blindfold on. He fell backwards off the Segway, hitting his head on the floor.

Segway employees are asked to wear helmets, however, the employees did not have any helmets available for those participating in the event. The man’s lawyer claimed that as a result of his brain injury, the accident victim had to drop out of college and has not been able to pursue his dream of becoming a police officer. […]

Lawsuits Filed in the Indiana State Fair Stage Collapse

According to CBS News, lawsuits in the Indiana State Fair stage collapse on August 13, 2011, are now moving forward. In addition to Sugarland, the band that was to perform that evening, producers, stage riggers and others were named in the suits. Wind gusts over 60 mph caused the stage to collapse prior to Sugarland taking the stage killing seven people and injuring over 40 others.

As bad weather approached the area, fairgoers remained in their seats anticipating Sugarland’s performance. No word was given as to whether the show would go on. CBS News reports Sugarland’s contract specified the act had the final say on whether to cancel the concert due to weather.

One joint lawsuit seeks unspecified damages for 44 survivors and family members of four people who died. Nearly 20 law firms across Indiana, Ohio and Kentucky are representing the interests of the plaintiffs. […]

Car Accident Round-Up – PA Woman Dies in Crash

Woman was ejected from the car in the single-car accident

Florida Woman Rescued When Car Plunges into Canal
A Palm Beach County deputy saved a woman from drowning after she crashed her car into a 20-foot-deep canal. The woman was driving home after working the night shift at Target on Black Friday. The 36-year-old woman who apparently fell asleep at the wheel near Muck City Road and Conners Highway in Pahokee, FL awoke in the canal and called 911. She is not able to swim and the deputy arrived in time to pull her to safety. She was treated at a local hospital and released.

Fatal NC Accident
An SUV traveling westbound on N.C. 211 unexpectedly slowed and attempted to make a U-turn when it was struck by a tractor-trailer Monday morning. The driver of the tractor-trailer, traveling behind the SUV, […]

Ford Motor Company Found Negligent in $73 Million Lawsuit

The Sacramento Bee reports a Sacramento Superior Court jury found Ford Motor Company negligent in informing dealers and owners of defective tires on their E-350 Econoline van, and they must pay $73 million for a crash that killed two people and injured two.

The accident happened more than seven years ago in Kern County, CA after the tread on the rear right tire separated causing the van to skid off I-5 flipping at least four times. Goodyear Tire and Rubber Company, who settled out of court, had contacted Ford alerting them of the tire defect. Ford did not distribute that information to their dealers or customers.

The auto company must pay $50 million in punitive damages to the families in the suit. The remaining amount in damages was distributed to the family of a man who died in the accident, and the two others injured. The family of the second man who died in the accident previously settled their lawsuit. […]

Kentucky Woman Awarded Over $800,000 in Tractor-Trailer Crash

A Kentucky woman was awarded more than $800,000 by a Vanderburgh Superior Court jury for injuries she suffered in a 2008 vehicle accident with a Fat Boys Trucking semi. The tractor-trailer driver was cited for disregarding a traffic signal after he ran a red light at U.S. 41 and Indiana 57 in Evansville, KY and struck the woman’s van.

The woman has been unable to work since suffering knee and shoulder injuries and post-traumatic stress disorder as a result of the accident, according to her lawyer. The lawsuit was filed seeking compensatory damages against the trucking company.

The woman was traveling westbound on Indiana 57 attempting to turn south onto U.S. 41. when her Dodge Caravan was struck by the semi as it came through the traffic light. The woman’s van then went to the left, overturning on its side. The truck was hauling over 100 cattle from Kentucky to Kansas. […]

GA Men’s Club to Pay $1.75 Million for Over-Serving Alcohol Leading to Deadly Crash

The family of a woman who was killed in a vehicle accident with a drunk driver, who had just left a men’s club in Conley, GA, outside Atlanta, will receive $1.75 million from the club. The driver had a blood alcohol content of .398, nearly 5 times over the legal limit, at the time of the accident.

The drunk driver was driving his Lincoln Town Car the wrong way on I-20 eastbound in July 2008 and slammed head-on into the victim’s car. Both drivers died at the scene of the accident. A passenger in the woman’s car died enroute to the local hospital.

The lawsuit alleged that Club Blaze should have known the man was intoxicated and should have stopped serving him. The jury found that the club over-served alcohol to the man.

If you have been injured or a loved one killed in a vehicle accident that was caused by another person’s carelessness or recklessness, […]

Nebraska County Found Liable for Accident Due to Poor Signage

A Nebraska jury awarded a 24-year-old Michigan man $407,000 to be paid by Furnas County, Nebraska for the county’s failure to adequately mark a sharp turn in a road where the man crashed his car leaving him with significant injuries.

The judge in the case found the man 40% liable and the county 60% liable. This reduced the amount of the original award of $678,000 for the county. The man was not wearing a seatbelt and was speeding at the time of the accident. The judge ruled that the signage at the accident site could not be seen at night, and it was placed too close to the 90-degree turn, giving drivers inadequate time to react.

The accident occurred in December 2007, when the man missed the turn and drove off the road causing his car to flip, trapping in the car for hours. He suffered spinal cord damage requiring multiple surgeries and weeks of hospitalization. […]

Car Accident Round-Up – Three Die in NY Head-on Collision

Ford Explorer drifts into oncoming lane causing fatal head-on car accident

Three Die in New York Accident
A head-on collision Monday morning between a Ford Explorer and a GMC Jimmy near Bethel, New York killed three people and injured one. According to police, the Ford Explorer carrying two passengers, was heading east on 17B between White Lake and Fosterdale and drifted into the west bound lanes colliding with the GMC. The driver of the GMC was wearing his seat belt and his airbag deployed, but he was pinned in the vehicle and died at the scene. The driver of the Explorer and a back seat passenger, neither of which were wearing their seatbelts, were both ejected and died at the scene. The front seat passenger was wearing his seatbelt and suffered non-life-threatening injuries. The cause of the accident is still under investigation.

NY Man Arrested for Vehicular Manslaughter After Accident
A Freeport, […]

Pennsylvania Family Awarded $2.9 Million in DUI-Hit-and-Run

The family of a 14-year-old Bensalem, Pennsylvania girl who was killed in a 2004 hit-and-run crash while she was trying to cross a road has been awarded $2.9 million by a Bucks County judge. The case was decided without a jury.

The 21-year-old driver that struck the girl was driving with a suspended license and was found to be intoxicated at the time of the crash. The police did not charge him with DUI-related hit-and-run saying that road condition and other factors, not his drunkenness, caused the crash. The driver, however, was sentenced to three to six years in a state prison for the accident, and is currently in jail.

The family of the deceased brought a civil trial against the driver and the owner of the vehicle the man was driving. According to PhillyBurbs.com, the judge awarded the plaintiffs $697,749.92 in wrongful death damages against both defendants; […]