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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7 Ways to Fast-Track Your Sandy Insurance Claim
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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Pennsylvania Student Athletes Offered Protection Under Sudden Cardiac Arrest Prevention Bill
Earlier this month we reported on the safety ranking of Pennsylvania in respect to safety initiatives states take to prevent injuries and death among their residents. Pennsylvania was recognized for having a strong youth sports concussion safety law. Now, Governor Tom Corbett has signed a new law that will offer additional protection to young athletes – an act establishing standards for preventing sudden cardiac arrest (SCA) and death in student athletes.
According to the American Academy of Pediatrics, SCA is the abrupt and unexpected loss of heart function, and can cause death if not treated within minutes. SCA is attributed to more than 2,000 deaths in the United States each year. The New York Times reports that while sedentary youths are susceptible to SCA, the risk is nearly three times higher in competitive athletes. In addition, a high school student dies of cardiac arrest as often as every three days. […]
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Police Reconstruct Fatal Pennsylvania Accident
After a double-fatal car accident in Rome Township, PA, on Friday night, state police closed a portion of the road to reconstruct the deadly accident. According to news reports, police closed State Route 1022 Monday morning in Bradford County in an effort to help determine the circumstances surrounding the accident.
A couple died in the Friday night accident when the driver of their car, their 49-year-old son, apparently veered into the oncoming lane, where the vehicle was then struck by a dump truck. The man’s mother and father died at the scene of the accident. He was taken by helicopter to the nearby hospital.
The driver of the dump truck said he saw the SUV coming towards him and swerved to avoid the SUV, however, the two vehicles still struck nearly head-on. The dump truck driver, who was wearing a seatbelt, […]
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Children Left in Parked Cars at Risk for Heatstroke
In anticipation of another hot summer, the National Highway Traffic Safety Administration (NHTSA) has kicked off a campaign warning Americans of the dangers of leaving children unattended in a hot car. The NHTSA reminds adults that children left alone in a car, even in the most moderate temperatures, can be seriously injured or die from the heat in the vehicle.
To educate the public, the NHTSA announced its first-ever national campaign to prevent child heatstroke deaths in cars, urging parents and caregivers to think “Where’s baby? Look before you lock.”
The NHTSA reports that 33 children died due to hyperthermia (heatstroke) in 2011. Two children have died due to hyperthermia thus far this year. According to the Department of Geosciences at San Francisco State University, since 1998 there have been at least 529 vehicle-related hyperthermia deaths. More than half of the deaths occurred in children under 2 years of age, […]
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Pennsylvania’s Bike Safety Law In Effect
March saw the enactment of Pennsylvania’s anti-texting law. Continuing the effort to improve safety for all Pennsylvania residents riding the state’s highways, Governor Tom Corbett enacted another safety law in April – the bike safety law. Noting that biking is great exercise and an efficient mode of transportation, state Rep. Ron Miller, R-York sponsored the law that went into effect April 2.
“We need to do all that we can to promote the activity and protect bike enthusiasts through legislation that makes it safer for them to enjoy their sport,” said Miller in an article in the Morning Call.
The bike safety law requires motorists to leave a 4-foot “cushion of safety” when passing a bicyclist. The motorist can cross the center line when passing the cyclist as long as it is safe. In addition, the new law calls for bicyclists “to use all reasonable efforts to avoid impeding the normal flow of traffic.” […]
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PA School Bus Driver Charged With DUI
When parents put their children on a school bus they assume the children will arrive safely at the school. They also assume the driver is experienced and responsible. Unfortunately, for children and their parents in Washington, PA, recently that wasn’t the case. Their school bus driver was charged with DUI after transporting 3 loads of children while legally drunk.
According to the Observer-Reporter.com, after the school bus driver had made three rounds of bringing students to school, he was preparing to take another group on a field trip. A teacher noticed that the man appeared to be under the influence and notified the proper authorities. Police found the driver had a blood alcohol content of .081 – four times the legal limit. The Huffington Post reports the driver was fired.
Fortunately, no one was injured in this incident. However, there have been far too many school bus accidents across the United States this year. […]
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Fatal Van Crash Met With Inadequate Response
Eighth warning issued about 15-passenger vans; Warnings prove ineffectual
In the wake of yet another fatal crash involving a 15-passenger van – this one related to an alleged tire failure – the National Highway Traffic Safety Administration has again issued a consumer advisory about those vans.
A safety advocacy group notes that it is the eighth warning the agency has issued about those vans and says the information is too little and too late. Studies have shown these vans are prone to deadly rollovers. At Munley, Munley & Cartwright, P.C., we agree. The agency needs to take a much firmer stance than issuing safety notices.
The advocacy group Safety Research & Strategies, Inc., speculated that the advisory was issued in response to a recent fatal rollover of a passenger van:
“On March 1, the Epicenter of Worship Church held a prayer vigil for Omberi Erasto, […]
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Four Elderly Women in Fatal PA Car Crash
Four elderly women in car crash on the way to garden club meeting, two killed, two seriously injured
Two Women Die, Two Injured in PA Car Accident
WETM-TV reports four elderly women traveling in a Buick Century were on the way to their monthly “Garden Club” meeting at a nearby Perkins restaurant Thursday around noon when they were in a tragic car accident. The women were at the intersection of Rt. 6 and Dorset Heights in Mansfield when their car collided with an F-250 Ford pickup truck. Two of the women, aged 81- and 89-years old both died in the accident. The two others were seriously injured and were airlifted to the local hospital. The driver of the pickup truck was not injured. Police are continuing to investigate the cause of the accident.
Motorcyclist Dies in Accident in FL
A 77-year-old Florida woman has been charged with DUI manslaughter, […]
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Car Accident Round-Up – Deadly Crashes Around the U.S.
Fatal car accidents around the US remind us to wear a seatbelt
Seven Family Members Injured, One Dies in Hit-and-Run Rollover Accident
An SUV carrying a family of nine traveling on I-80 near Cheyenne, Wyoming, was rear-ended by another vehicle resulting in a rollover accident. Upon impact, the SUV went off the road and rolled over. All of the occupants of the SUV were ejected, except the driver. A six-year-old died in the crash and seven others were injured. The driver of the other vehicle fled the scene, but was apprehended later. The accident occurred around 3:30 a.m. Friday morning as the family traveled from Chicago, IL to California.
Two Die in I-95 Accident in FL
The Florida News Journal reports two men are dead after an accident on I-95 in Palm Bay, Florida. The men were traveling near mile marker 168 in a Volkswagen Jetta when their vehicle rear-ended another car. […]
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Car Accident Round-Up: Students Killed in Wrong Way Crash
Woman slams head-on into vehicle after traveling seven miles in the oncoming lane in fatal car accident
Four Die in Wrong-Way Accident in Ohio
A 69-year-old woman traveled over seven miles the wrong direction on I-75 near Toledo, Ohio, before slamming head-on into a car carrying five college students. The woman and three of the college students died in the Friday morning accident. The two other college students were seriously injured. A caravan of four cars was carrying 16 Bowling Green State University students to the airport for a spring break vacation in the Dominican Republic. Police are investigating to determine why the woman was on the wrong side of the road.
Police Chase Leads to Fatal Car Crash in Pennsylvania
A driver and his passenger died early Monday morning when their car crashed into a wall in Wilkinsburg, PA after a police chase. […]
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Car Accident Round-Up: Fatal Nine-Car Accident in CA
Three dead, 10 injured in car accident caused by woman suspected of being drunk
Nine Car Accident Leaves Three Dead in CA DUI Accident
A nine-car crash in Monterey County, CA left three people dead and approximately 10 people injured, two seriously. According to police, the Wednesday evening accident occurred when a woman suspected of drunk driving reached for her cell phone and crossed the center line in her SUV, striking a Volkswagen head-on. Three occupants of the Volkswagen died and a fourth was seriously injured. After the two vehicles crashed, another seven cars were involved in a chain-reaction crash. The occupants of the Volkswagen and those in another car following them were returning from a funeral in King City. The pileup occurred on Highway 101 near King City, CA.
Man Dies Crossing Street at Busy Philadelphia Intersection
A 77-year-old man crossing the road at Henry Avenue and School House Lane in the East Falls section of Philadelphia was struck by a vehicle last week. […]
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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, […]
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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. […]
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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. […]
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