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Loss

What is a Loss?

A loss is the monetary value assigned to an injury or damage in a personal injury claim, including pain and suffering, past and future income, future medical care, at-home assistance, current medical bills, etc.

According to Black’s Law Dictionary, “loss” is defined as “the harm or damage resulting from an injury; the deprivation or detriment to an owner or possessor as a result of a judgment or voluntary transfer of property.” As such, loss is often a broad term in law, encompassing both tangible and intangible impacts as loss can come from a variety of forms of damages.  

Legal principles governing loss aim to provide remedies, compensation, or restitution to individuals or entities adversely affected by wrongful acts, accidents, or adverse events. Loss can include economic loss, personal loss or property loss. The assessment of loss often involves evaluating evidence, calculating damages, and applying legal standards to determine liability and appropriate remedies in civil litigation or legal disputes. As a legal term, loss underscores the importance of addressing and mitigating the impacts of losses through legal recourse and equitable remedies in accordance with applicable laws and judicial principles.

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Another Victory For Munley Law Personal Injury Attorneys

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

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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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Top Lawyers warn Passengers about Aviation Dangers

Just this past weekend, two people were killed in a small plane crash in New Hampshire, five in a small plane crash in Colorado, one in Florida, two in Texas, and one off the coast of Virginia among others.

An investigation by USA Today that was reported in the publication this summer talked about the lack of safety and hidden defects linked to small aircraft crashes. USA Today reported that nearly 45,000 people have been killed in crashes of small airplanes and helicopters since 1964. While federal investigators are often quick to blame pilots, USA Today found many instances in which defective parts and dangerous designs were the cause of crashes, deaths, and injuries. The USA Today investigation found that many defects have persisted as manufacturers covered up problems, failed to fix defects and lied to regulators. Apparently, some defective parts remained in use for decades, […]

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How to Protect Yourself from Carbon Monoxide Poisoning

A scare at a Dunmore, PA hotel this past weekend brought attention to the dangers of carbon monoxide (CO) poisoning. According to WNEP News, 200 people were evacuated from the Dunmore Best Western after police said a furnace in the hotel malfunctioned. The Scranton Times reported that between 20 and 30 were taken to area hospitals to be evaluated for possible CO inhalation.

The Centers for Disease Control and Prevention (CDC), reported that every year, nearly 500 people die in the U.S. from accidental CO poisoning. CO is an odorless, colorless gas that can cause sudden illness and death if inhaled.

Where is Carbon Monoxide Found

CO is found in combustion fumes, such as those produced by fuel-burning space heaters, furnaces, charcoal grills, cooking ranges, water heaters, fireplaces, portable generators, wood-burning stoves, and car and truck engines. Normally, the levels of CO produced by these sources aren’t dangerous. […]

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Cost of car crashes shows importance of safety measures

Robert W Munley IIIAccording to a new study released by the U.S. Department of Transportations National Highway Traffic Safety Administration (NHTSA), the price tag of car crashes comes at a heavy burden for Americans at $871 billion in economic loss and societal harm. This includes $277 billion in economic costs, nearly $900 for each person living in the U.S., and $594 billion in harm from loss of life and the pain and decreased quality of life due to injuries.

The study was based on 2010 statistics, which included a staggering 32,999 motor vehicle crash fatalities, 3.9 million non-fatal injuries, and 24 million damaged vehicles. We all know that no amount of money can replace the loss of a loved one or the pain and suffering when you are critically injured in a car crash. These figures show us the importance of a greater investment in vehicle safety, driver education and awareness, […]

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GM Fined $35 Million for Recall Delay

GM will pay the maximum $35 million fine to the United States Department of Transportation for delays in the recall of cars with defective ignition switches. The defect has been linked to 13 deaths and 32 crashes.

The fine is the highest civil penalty ever paid as a result of an investigation into recall problems by the National Highway Traffic Safety Administration (NHTSA). In a released statement, the Department of Transportation (DOT) said that the GM has also agreed to make “significant and wide-ranging internal changes” in how it monitors safety issues.

The DOT reported that GM will need to take part in unprecedented oversight requirements as a result of the findings form the NHTSA’s timeliness investigation regarding the Chevy Cobalt and the automakers’ failure to report a safety defect in a more timely manner.

Federal law requires that all auto manufacturers must notify the NHTSA within five business days of determining that a safety-related defect exists. […]

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NC Woman Dies in Car Accident While Posting to Facebook

James Christopher MunleyThe National Safety Council Cell Phone Crash Estimate Model reports that there have been an estimated 333,300 crashes so far this year in the U.S. involving drivers using cell phones and texting, or about one every 30 seconds. A North Carolina woman died behind the wheel of her car last week just moments after posting a Facebook message and hitting a truck head on.

According to police, the woman posted to Facebook and one minute later, a call came in about the crash. The 32-year old woman died after drifting across a grass median and slamming into a truck. An investigation of her online activity also found that she had been posting selfies as she drove. This is a tragedy we see all too often.

The Federal Communications Commission (FCC), stated that mobile communications are linked to a significant increase in distracted driving, resulting in injury and loss of life. […]

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Pennsylvania personal injury lawyer discusses the problem of nursing home abuse

Millions of Americans place their loved ones in nursing homes every year with the belief that they will be well cared for. Unfortunately, nursing home abuse is a very real problem in the United States. From malnutrition to overmedication and mental and physical abuse, there are a variety of ways that residents can be mistreated in a nursing home. An estimated 3.3 million Americans lived in nursing homes in 2013, which translates to 1 in 7 people ages 65 and up and 1 in 5 of those 85 and older. According to the National Center on Elder Abuse (NCEA), Bureau of Justice Statistics, 36% of nursing homes have been in violation of elder abuse laws.

CNN has reported that 90% of nursing home facilities are understaffed, and one in 3 across the country have been cited for nursing home abuse and other related infractions. Demographics show that the incidents of nursing home abuse will likely rise. […]

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What Kind of Training Do Truck Drivers Get in Pennsylvania? The Answer May Shock You. Personal Injury Lawyers Explain:

What makes commercial trucks among the most dangerous vehicles on the road in Pennsylvania? Personal Injury Lawyer explains:

  • What does truck driver training have to do with your trucking accident case?
  • What are the chances your Pennsylvania Personal Injury Lawyers will settle your case?
  • Can you afford to hire Pennsylvania Personal Injury Lawyers for assistance with your case? How much are they going to charge you?

Pennsylvania Personal Injury Lawyer

WATCH VIDEO: PENNSYLVANIA PERSONAL INJURY LAWYERS TALK ABOUT TRUCK ACCIDENTS:

Trucking accidents are on the rise. Pennsylvania personal injury lawyers explain why:

Truck drivers are supposed to be fully trained and supervised. This is mandated by the Federal Motor Carrier Safety Administration. The weird thing is, the trucking companies are pretty much in charge of policing themselves. […]

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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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More Than 260,000 Children Injured in Toy-Related Accidents

Toy-related injuries land hundreds of thousands of children in the ER in 2011

A serious accident involving your child is one of life’s most wrenching experiences. A family’s ordeal is compounded if the child’s death or serious injury occurred in a preventable accident caused by an unsafe toy or dangerous product.  If you believe your child was injured by a dangerous toy, talk to attorneys who know the law regarding unsafe toys.

A recent report on toy-related injuries by the U.S. Consumer Product Safety Commission says there were 262,300 children treated for toy-related injuries in U.S. hospital emergency rooms in 2011. While most children were treated and released, some suffered serious injuries or even fatal injuries. Thirteen children younger than age 15 died of toy-related accidents in 2011, the consumer product safety commission reported.

Most toy-related deaths were caused by asphyxiation or drowning. […]

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8 Tips for Avoiding Sandy Repair Scams

How to avoid a contracting scam

Pennsylvania residents should be on guard against Superstorm Sandy-related home repair scams.

Unqualified contractors, high-pressure sales pitches and price gouging are on the upswing – and unwary homeowners are paying the price.

The situation has prompted state Attorney General Linda Kelly to issue a consumer warning:

“Natural disasters can be a magnet for scam artists and unscrupulous operators who are more interested in taking money from storm victims than in helping with repairs,” Kelly said. “Consumers should remain vigilant, understand their rights and carefully evaluate any contractors they hire to repair homes or to address other storm damage.

“It is understandable for homeowners to look for speedy repairs, attempting to return to normal activities as quickly as possible, but consumers should not allow the desire for immediate repairs to cloud their judgment regarding contractors.”

Following are 8 tips to avoid falling prey to a shady shingle or siding company:

  • Ask all contractors to give you their state registration number, […]

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Are Energy Drinks being Linked to Injuries and Death

Energy drinks have been linked to dozens of reported deaths over the years, including cases involving popular brands such as Monster Energy, Red Bull, and 5-hour ENERGY.

But there is an important distinction between a death occurring after someone consumed an energy drink and a death proven to have been caused by one.

How Many People Have Died From Energy Drinks?

Currently, there is no reliable death toll for energy drinks, although deaths have occurred following their consumption.Cans of Monster energy drink in a row

A study published in the National Library of Medicine examined adverse-event reports submitted to the US Food and Drug Administration between 2008 and 2015. “Adverse event” is a medical/regulatory term for an unwanted or harmful health event that happens after someone uses or is exposed to a product. It does not necessarily mean the product caused the problem.

Among cases involving a single energy drink product, […]

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Portable Generators Recalled Due to Fire Hazard

This is the season for portable generators in Pennsylvania.

But anybody who owns or uses one should check to make sure it isn’t a Champion Power model, which can leak fuel and explode into flames.

On November 2, the U.S. Consumer Product Safety Commission announced a nationwide voluntary recall of close to 9,000 portable generators made by Champion Power Equipment.

Fuel can leak from the generator’s carburetor, creating a fire hazard. There have been 11 reported cases of leakage, including eight fires and two incidents of property damage.

Portable generator usage soared in the wake of Hurricane Sandy – as did awareness of their potential dangers. To date there have been four reported deaths due to carbon monoxide poisoning from portable generators, although it is uncertain that the generators in those cases were the recalled Champion models.

The Champion Power Equipment recall involves two models of portable generators sold at Costco Wholesale stores nationwide between December 2011 and July 2012 for about $699. […]

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7 Ways to Fast-Track Your Insurance Claims

Claim your insurance protection for damage done by Hurricane Sandy

In the wake of Hurricane Sandy, thousands of Pennsylvanians are filing insurance claims under homeowners, auto, health and even life insurance policies.

Many will face long waits and daunting paperwork.

Some insurance slowdowns are inevitable following a disaster of Sandy’s proportions. Damage estimates range from $7 billion to $50 billion, according to the Wall Street Journal.

But by taking a few simple steps Pennsylvania residents can improve the odds of their claims getting fast-tracked for approval:

  • Do your homework. Take pictures or video of the damage. Before-and-after photographs, purchase records and contractor estimates for repairs are especially valuable.
  • Hurry up and file your claim. “Experts say that many homeowners hesitate because they aren’t really sure if they have enough damage to merit a claim—or at least a claim that is more than the value of the policy’s deductible,” the Wall Street Journal reported. […]

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Sandy Death Toll in PA Reaches 12

At least 12 people in Pennsylvania have died as a result of Superstorm Sandy, while two other deaths have been unofficially linked to the storm.

The variety of causes – falls, fires, poisoning, even suicide – is a stark reminder that tragedy can strike in different ways.

Following are summaries from the Philadelphia Inquirer of the fatalities:

  • Four people died, including a 90-year-old woman in Upper Merion Township, from carbon-monoxide poisoning from portable generators.
  • An eight-year-old child died when a tree limb struck him outside his family home.
  • A Berks County man was killed when a tree crashed onto his house.
  • Two Lehigh County residents died from exposure to the cold.
  • Two people were killed in vehicle accidents related to the storm.
  • An 88-year-old Wayne County woman fractured her neck and died when she fell down the stairs in her home, […]

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Pennsylvania State Trooper Dies in Accident

State Police Commissioner Frank Noonan announced the tragic death of 47-year-old Trooper First Class Blake T. Coble of Troop D, Beaver Station after he was killed in an automobile wreck last Thursday. Coble was on duty Oct. 4 when he was struck by a semi at 10 a.m. at Black Hawk Road near Route 168 in South Beaver Township.

According to news reports, Coble’s patrol car was struck by the tractor-trailer when the truck driver went through a stop sign at the intersection. No charges have been filed against the driver of the truck, who has been cooperating with investigators, state police said.

In a press release announcing Coble’s death, Noonan said:

“He [Coble] died serving the people of the Commonwealth of Pennsylvania and the men and women of the Pennsylvania State Police mourn his loss and extend our sincere condolences to his family and friends. […]

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New Jersey Bus Driver Arrested after Causing Death of Passenger

The driver of a New Jersey Transit bus has been charged with vehicular homicide in the death of a passenger at an intersection in Passaic last month. The collision occurred after the man exited the bus and tried to cross in front of it as the driver accelerated through the intersection, according to a news report. Documents filed in the case allege that the bus driver ran a red light, hit the passenger and refused to stop despite that fact that passengers were yelling for her to stop. The driver has been a New Jersey Transit driver for 25 years.

Bus Accidents Are Common

Bus accidents are far more common than most people realize. According to the Federal Motor Carrier Safety Administration, there were more than 11,000 bus accidents across the country in 2008, injuring about 24,000 people. For those who depend on buses for transportation, […]

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Pennsylvania Drivers Urged to Stay Alert as Children Head Back to School

During the first week of the new school year, a seven-year-old girl died after being struck by a car as she ran to catch the school bus Wednesday in Rocky Mount, North Carolina. The school bus had not yet stopped, but in the girl’s excitement, she darted into traffic and was stuck by an oncoming vehicle.  A tragedy like this can play out anywhere as children head back to school in the coming days.

Our Pennsylvania personal injury attorneys join with the Pennsylvania State Police in reminding motorists to be extra careful over the next few weeks as children return to school.  We also ask parents and adults to make sure their children know to look both ways before crossing the street, and to wait for the bus to stop before crossing the street.

The National Highway Traffic Safety Administration (NHTSA) reports since 2001 there have been 1,236 school transportation-related crashes. […]

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New York Man Killed By Runaway Pickup Truck While Eating His Lunch Outside in Financial District

In what can only be called a freak accident, a 70-year-old clerk for the State Attorney’s Office was fatally injured last week when he was struck by a runaway truck as he ate his lunch outside a building on Broad Street in the Financial District of New York City. Witnesses said the 2008 Honda pickup accelerated out of nowhere onto the sidewalk and pinned the victim against the building. Although bystanders tried to administer CPR, he was pronounced dead at the scene.

According to news reports, the truck was driven by an employee of a security company that works in the area. Trucks are often used to keep vehicular traffic out of the pedestrian-only financial district. No charges were filed against the 50- year-old driver of the truck, who is a retired police lieutenant.

The fatal accident was a tragedy. The victim’s 29-year-old daughter said he was “a great father, […]

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Pennsylvania Drivers Asked to be On the Lookout for Joggers

Running is one of the most popular forms of exercise among Americans. In fact, according to Running USA, there are over 35 million recreational runners in the United States.  Although there are numerous health benefits to running including, weight loss, improved cardiovascular health, natural stress relief and increased strength, runners also risk serious injuries from being struck by a vehicle.

Just this month, a 20-year-old woman was jogging in Blooming Grove, just 35 miles east of Scranton, when she was struck and killed by a car, according to news reports.  The driver apparently intentionally ran his vehicle onto the shoulder of the highway and struck and killed the woman as she jogged on Route 507. Although this was an extreme case, it does serve as an example of the dangers Pennsylvania runners face when running on the roadways and highways.

Runners and pedestrians face the same risks when around traffic – distracted drivers, […]

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