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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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California Women Awarded $1.2 Million in DUI Civil Lawsuit

Hi by a Drunk Driver Lawsuit California

Two women, who suffered permanent injuries after an automobile accident with an assistant district attorney in Los Angeles who was driving drunk, agreed to a $1.2 million settlement in a civil lawsuit against the woman.  The two women had already been awarded more than $1 million in compensatory damages by a jury.

The assistant DA had a BAC of .26, more than three times the legal limit, and admitted that she knew she was drunk. She decided to drive anyway in hopes that she would get home without getting caught.  In the April 2010 accident, she rear-ended the two women near Long Beach, CA resulting in one woman suffering back injuries, facial scars and lost teeth, and the other suffering from back injuries.

The women had sought $2 million, but agreed to the settlement to avoid a second trial and to get immediate payment. […]

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VA Trooper Killed in Crash While Responding to Call

VA Trooper dies in tragic accident; collides with oncoming car and runs off the road striking a pole

Virginia Veteran and State Trooper Killed in Crash

A Virginia State Trooper responding to a call Friday night in King George County, Virginia, collided with a Hyundai Elantra where his car ran off the road and struck a light pole resulting in his death.  He was traveling westbound on Route 3/Kings Highway when he entered the intersection of Route 3 and Madison Drive and collided with the eastbound vehicle. The driver and a passenger in the Hyundai were taken to Mary Washington Hospital in Fredericksburg with minor injuries.  The trooper was also an Iraq war veteran. The police are continuing their investigation.

Ohio Accident Claims Two Lives

Two women died and three men were injured when their car flipped on I-76 near Akron, […]

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PA Driver Tries to Run Down Pedestrians

No one injured after man drives on sidewalk targeting pedestrians

Virginia Accident Leaves One Dead

A Sunday morning crash on I-81 near Abingdon, Virginia has left a 23-year-old college student dead.  The driver of the 2005 Jeep Wrangler left the northbound lanes of the highway, struck several trees then overturned. The deceased was the only person involved in the single-vehicle accident.

Fleeing Man Causes Fatal Accident in West Virginia

Deputies in Loudon County, Virginia attempted to pull over a speeding driver before he fled the scene and raced across the state line into West Virginia causing a multi-car accident leaving one person dead and five others injured, including the fleeing driver.  The DC man was driving a stolen Toyota 4Runner on Wednesday morning around 3am when he crossed into oncoming traffic and sideswiped a car carrying three people, […]

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NY Man Charged with Vehicular Assault, DWI in Motorcycle Crash

dui car accident

Drunk driver hit motorcyclist, who suffered serious leg injury

Man Charged with Vehicular Assault, DWI in Motorcycle Crash

A Montour Falls, NY man was charged with vehicular assault when he hit and injured a motorcyclist while driving drunk. The accident occurred Friday after the drunk driver turned into the path of a motorcycle at College Avenue and Turner Park in Montour Falls. The motorcyclist sustained a serious leg injury and was airlifted to Robert Sayre Hospital. In addition to the first-degree vehicular assault charge, the driver was also charged with driving while intoxicated, failure to yield the right of way and failure to keep right.

Drug-Impaired Driver Charged in Accident

A New York woman was charged with driving while impaired by drugs, leaving the scene of a property damage accident and various other traffic violations after crashing her car into several road signs on Thursday. […]

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Whopping $322 Million Awarded To Mississippi 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.

Chevron Phillips Chemical Company and Union Carbide Coporation

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. […]

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Nine-Car Accident Causes Injuries in MA

Reckless driver weaving between lanes causes nine-car accident

Fatal Car Accident In Woodford County, Kentucky

The driver of a Volkswagen Jetta ran a red light and ran into a Mercedes at the intersection of Falling Springs Boulevard and McCowans Ferry Road around 8:00 p.m. on Tuesday, according to Lex18.com.  One person in the Mercedes was killed and another in that car was taken to the hospital with life-threatening injuries. The driver of the Volkswagen was taken to the hospital with non life-threatening injuries.

Traffic Snarled Following Three Car Accident in Michigan

U.S. 23 north of Lee Road in Green Oak Township was the scene of a three car accident around 4:30 p.m. on Tuesday.  Traffic was slowed on both sides of the freeway and one person in the accident was taken to the hospital.   Michigan State Police are still investigating the accident in which one vehicle ended up on the southbound side of U.S. […]

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Fiery Crash in NY Kills One Teen, Injures Four

Speeding suspected to be the cause of the fatal teen crash

Teen Pulled From Burning Car after Fiery Crash In N.Y.

One teen is dead and four are injured following a Wednesday night crash in Rush, N.Y.  Speed is suspected in the crash where the vehicle overturned and caught fire.  One man heard the car go by, and then heard the crash.  He rushed to the scene in his truck and was able to pull one girl out by cutting her seatbelt, saving her life.  All she remembers of the incident is swerving, panicking, and calling her mom to tell her she had been in an accident.  Most of the five teens grew up together.

Iowa Man Killed In Head-On Collision

A 61-year-old man was pronounced dead at the scene of an accident on I-80 Wednesday night when a van crossed over the median and crashed with his Chevy HHR, […]

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Woman Who Lost Arm To Receive $8.8 Million

In 2004, a 16-year-old girl got the pocket of her coat caught on a bolt protruding from the drive shaft of an auger-like post-hole digger operated by her stepfather.  Her arm wrapped around the auger resulting in the loss of her arm.

A New York jury hearing the case in State Supreme Court decided the manufacturer of the digger, Ford New Holland (now known as Case New Holland) sold a defective product and awarded the now 21-year-old girl $8.8 million.  The jury placed 35% of the blame on Case New Holland and 30% each on Peter A Smith, the owner of the digger and the person who loaned the digger to the stepfather, and on SMC Corp. from Sioux Fall, S.D., the company who assembled the digger.

The bolt that caught on the girl’s coat was supposed to be covered by a shield, but the shield broke and was removed by Smith, […]

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Car Crashes into a Home in Georgia

Woman arrested for driving with a suspended license and not obeying seatbelt laws

Three Go To Hospital Following 4-Car Crash In California

Just before 3pm on Tuesday a Toyota Tacoma pickup truck rear-ended a van, went through a chain-link fence then down a 15-20 foot embankment onto the freeway.  The Toyota then struck the post of a speed limit sign and continued across the northbound lane of highway 49 into the path of a 1968 Jeep, catapulting the Jeep which eventually stopped across both northbound lanes.  The driver of the Jeep was flown to Sutter Roseville Medical Center with moderate injuries, reports The Union.com. The other drivers suffered minor injuries.

Montana Man Killed In One Car Rollover Accident Was Not Wearing a Seatbelt

A 34-year-old Great Falls man was killed Monday in a single car rollover accident near mile marker 6 on the Vaughn South Frontage Road, […]

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$1.36 Million Award Over Asbestos in Cigarette Filters

Man develops asbestos-related cancer from “healthier” cigarette filters produced in the 50’s

In a rare victory against the Lorillard Company and its “Micronite” cigarette filters, a San Francisco jury has awarded $1.36 million to an ex-smoker who claims he developed a form of cancer from the filters on Kent cigarettes in the 50s, reports FairWarning.

Lorillard produced its “Micronite” filter for Kent cigarettes from 1952 to 1956 claiming it was the “greatest health protection in cigarette history” because it removed more tar and nicotine than the competitor’s filters.  It was later disclosed the Micronite tip contained highly toxic crocidolite – “African blue” – asbestos.

The 73-year-old terminally ill man was diagnosed with mesothelioma, an asbestos-related cancer, in 2009 and had a lung removed last year.  The jury found he smoked Kents when they had the Micronite filter containing asbestos in the 50s and that both Lorillard and Hollingsworth & […]

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One Dead After Car Crashes Into Chicago Church

Late-night car crash into church kills one and sends two to the emergency room

One Dead After Car Crashes Into Chicago Church

NBC Chicago reports a 22-year-old is dead and two other people are injured following a two car crash around 3:00 a.m. on the 1900 block of West Washington Blvd on the city’s Near West Side Sunday morning.  The 22-year-old was pronounced dead at the scene and two others were taken to the hospital in good condition.

Paul Smiths College Student Killed In Adirondacks Car Accident

A 19-year-old student lost control of his 2002 Saturn sedan on Route 86 in Ray Brook, N.Y. on Sunday morning and slid into the path of an oncoming 2010 Honda CRV driven by a 57-year-old male.  The student was pronounced dead at the scene and the passenger of the Honda suffered multiple fractures, […]

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Car Accident Round-Up – Alcohol a Factor in Serious Ohio Car Accident

Plans to improve education of dangers of drinking and driving underway

Three Injured in 5 Car Accident on California Freeway

The Los Angeles Times reports that three people were injured, one seriously, in a 5 car accident on southbound 101 near Los Angeles.  One of the victims had to be extricated from the vehicle.  The cause of the accident, that shut down the freeway for over an hour on Sunday, is still being investigated.

Train/Car Collide in Durham, North Carolina

A CSX freight train collided with a Toyota Camry around 10:30a.m. Thursday after the driver of the car drove around the lowered crossing arm. The woman escaped injury when the train struck the front corner panel of the car.  The accident occurred at NC. 54 near N.C. 55 in Durham, North Carolina.  The accident is under investigation.

Costa Mesa Car Accident Injures Two

In a Thursday morning car crash in Costa Mesa, […]

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Car Accident Round-Up – Infant Dies in Tragic Car Accident

Child got out of the house and was hit by family member moving the car

Michigan Teen In Critical Condition Following Accident

SouthBendTribune.com reports a 17-year-old Paw Paw female is in critical condition with life threatening injuries after losing control of her car and being ejected from the vehicle when she crossed the center line into oncoming traffic.  The 44-year-old driver of the car that collided with the teen’s car suffered significantly minimized injuries due to the use of his seat belt.

Florida Woman Pinned In Car After Accident

A two-car accident around 7 p.m. Thursday shut down State Road 82 in Lehigh Acres, reports 2RSWFlorida.  The accident left one woman pinned in a vehicle for over 30 minutes as firefighters used the Jaws of Life to free her.  Eventually they had to use a tow truck to pull the two vehicles apart in order to free the woman.  […]

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Car Accident Round-up — Cell Phone/Text Messaging Implicated In S.C Teen’s Death

Distracted driving is a leading cause of car accidents in the United States

Cell Phone/Text Messaging Involved In S.C Teen’s Death

South Carolina State troopers say a high school senior was killed when her Honda Accord crossed the center lane and hit the rear tires of a log truck’s trailer which was traveling in the opposite direction. The accident happened in Beaufort County. Witnesses say the student appeared to be looking down at the time of the accident and information retrieved from her phone shows she was reading and sending text messages while driving home from school. She had read a text less than a minute before the first 911 call was made, reports WITN.com.

One Dead and One Injured In Fiery Salt Lake City Crash

It is not yet know if a woman died from her injuries after her Mazda sedan hit a pickup truck in downtown Salt Lake City or if she died from the flames when her car caught fire after the impact, […]

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Car Accident Round-Up — Two SC Students Killed in Head-On Wreck

Nissan Pathfinder hits car head-on attempting to pass on the highway; kills both passengers in tragic accident

Two Charleston Students Killed In Car Accident

Two Charleston students are dead after a car accident Dec. 29 night in Aiken county, SC. Officials say 22-year-old Katie Scott and 24-year-old Alexander Bush died from injuries in the crash, according to news reports. Aiken County Coroner Tim Carlton says a Pathfinder driven by another South Carolina motorist hit the couple head-on as he tried to pass a car on Highway 302.

Two Massachusetts Drivers Killed in Head-On Accident

Two women were killed in a two-car accident Thursday night in Westport, MA, according to a news site. The Massachusetts State Police determined the driver of a Hyundai SUV drove the wrong way on Route 88 and struck a Toyota pickup head-on.  Drivers of both vehicles were killed, […]

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Car Accident Round-up — A Car Crashes At President Bush’s Texas Home

Bush family was home but not in danger

Car Crashes Onto Lawn At President Bush’s Home In Texas

A man who was visiting one of President Bush’s neighbors crashed into the front lawn of the president’s residence, reported abcNEWS/U.S. A Secret Service spokesman said the driver was questioned and released. The Bushes were home but never in danger.

Teenager Dies In Car Accident In California

A 19-year-old was the victim of a car accident this week in Sacramento County after she pulled her car into the path of a pickup truck, reported The Sacramento Bee. Tavernor Road has stop signs in both directions at Clay Station Road where the accident happened. At this time it was unclear if she stopped and then entered the intersection or if she slowed and rolled into the intersection.

Florida Restaurant Closes Temporarily Following Car Accident

Examiner.com reports the “Two Blondes and a Shrimp” restaurant in downtown Sanford was closed after a small blue sedan jumped onto the sidewalk and came to a stop when it ran into the restaurant after hitting several other buildings. […]

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Top Trial Lawyers Share Their Winning Strategies

Attorneys Marion Munley and Matt Cartwright attended the American Association for Justice’s annual Weekend with the Stars in New York City December  9-11, where they joined with the nation’s preeminent trial lawyers, sharing winning strategies and techniques.

This year’s Weekend with the Stars “kicked-off” with a seminar devoted entirely to the DePuy Hip Implant Recall. This past August, DePuy Orthopedics, Inc. (A subsidiary of Johnson & Johnson) recalled the ASR Hip Resurfacing and the ASR XL Acetabular Systems, which came on the market in July 2003.

About 93,000 of the medical devices have been recalled due to increased rates of failure and elevated levels of cobalt and chromium, which leads to metallosis. It is estimated that one in 8 patients who received one of these DuPuy hip implants may need revision or a second hip replacement surgery.

Contact Our PA Car Accident Lawyers Today! […]

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Preliminary Truck Crash Data For 2009 Released

Preliminary statistics on 2009 tractor trailer crashes have just been released. The Large Truck and Bus Crash Facts: Early Release is based on crash data from the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA), as well as preliminary total vehicle miles traveled (VMT) data from the Federal Highway Administration.

Among the highlights:

  • Of the 286,000 police-reported crashes involving large trucks in 2009, 2,987 (1 percent) resulted in at least one fatality, and 51,000 (18 percent) resulted in at least one nonfatal injury.
  • Single-vehicle crashes made up 20 percent of all fatal crashes, 16 percent of all injury crashes, and 35 percent of all property damage only crashes involving large trucks.
  • Almost two-thirds (64 percent) of all fatal crashes involving large trucks occurred on rural roads, and just over one-fourth (26 percent) occurred on rural and urban Interstate highways. […]

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Car Accident Round-Up — Seven Injured In 3-Car Wreck In South Carolina

More Car Accident News From Around the Country

WCSC TV in Charleston, South Carolina reports a 1995 Nissan with five passengers hit a 2006 Nissan which was waiting for another car to turn left, shortly before 6 p.m. in Moncks Corner on U.S. 17 near Old Gilliard Road Wednesday night. The 2006 Nissan then hit a Ford large passenger van which had stopped in front of it. Seven people, most of them teenagers, were taken to hospital, but none had life-threatening injuries.

“Coughing Fit” Causes Power Outage In Tallahassee

Fallschase shopping plaza suffered a power blackout this week when a driver lost control of his car and tore through some power lines, reports WCTV in Tallahassee. According to the report, the driver of the Lincoln Navigator, he had a coughing fit and ran off Buck Lake Road and flipped onto the service road for the shopping plaza. […]

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Car Accident Round-Up — Car Crashes Into Mississippi Salon

No injuries sustained in salon car accident

Car Crashes Into Salon In Mississippi

Salon Lefleur in Jackson was surprised when a woman drove her car into the building early Thursday morning, reports clarionledger.com. There were no injuries, but the salon and a restaurant next door were damaged. The woman was driving toward the salon when her foot slipped off the brake and the front of her car crashed into the wall separating the salon and restaurant.

California Woman Killed In Early Morning Crash On I-880

An early morning crash in San Leandro has taken the life of a 40-year-old- Oakley woman reports the Oakland Tribune. The woman lost control of her 2010 Subaru in the early morning hours and veered into the center median, then the shoulder of the freeway – hitting barrels and finally coming to a stop perpendicular to traffic. […]

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