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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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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Tragic Two-Car Accident Results in Loss of Unborn Child
Tragic Two-Car Accident in Florida Results in Death of Unborn Child
A Wednesday morning crash near Bradenton, Florida left a 19-year-old pregnant woman in critical condition and resulted in the death of her unborn child. The accident occurred around 10 a.m. when the car in which the woman was a passenger, was making a left-hand turn and was stuck by a Ford pickup heading northbound on 14th Street West. The car was stuck on the passenger side, then hit a pole before coming to rest. The passenger was not wearing a seatbelt. The driver of the car suffered serious injuries, and faces charges of violation of a right of way while making a left turn. The driver of the pickup was not injured.
Stray Dog Causes Kansas Accident
A dog running on I-70 in West Topeka, Kansas, contributed to a two-car crash on Thursday morning that sent one person to the hospital. […]
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Man Killed in Snowmobile Collision with Car
Car accident round-up: accidents around the country
NY Man Killed In Snowmobile and Car Accident
A 37-year-old Bergen man was killed Thursday when his snowmobile was hit by a car in Riga, Monroe County, reports The Batavian. The accident happened about 10 p.m. on the Buffalo Road Bridge when a car crossed the center line and hit a group of three snowmobile riders head on. One man died, one rider was taken to the hospital and the third man was uninjured.
One Man Dead in 4 Car Crash In Virginia
A 27-year-old man is dead from injuries he received in a four-car accident in Bedford on Thursday night. Police report the man was going south on Independence Boulevard when he crossed the center line and hit two cars, then his car was hit by a fourth vehicle. […]
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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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South Carolina Mother Files Lawsuit Over Fire That Killed Her Son
SCnow.com reports a Lamar, South Carolina mother has filed a lawsuit against several parties, including her landlord and an electric company, over her 11-year-old’s death in a fire two years ago when the family lived in a manufactured home.
The lawsuit claims the home was “sloppily, recklessly and dangerously electrically wired and uninhabitable” as the suit cites several electrical wiring errors. The lawsuit also claims gross negligence, negligent infliction of emotional distress and wrongful death. Knowledge of the electrical problems and the “defendants’ failure to exercise reasonable care and comply with the law” led to the child’s untimely death.
A fire investigator has testified the fire was a result of faulty wiring in the home’s stove.
The lawsuit alleges the landlord was aware of the electrical hazards and of other recurrent electrical problems at the home, and Carolina Power and Light Company had been given notice and also knew of the problems. […]
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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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New Hampshire Woman Sues Hospital & Doctors for $5 Million
A woman formerly from New Hampshire is suing two doctors and St. Joseph’s Hospital in Nashua for $5 million alleging they failed to diagnose and treat her bacterial meningitis which left her permanently disabled, reports The Telegraph.
On January 10, 2008, the woman went to the emergency room after suffering for three days with vomiting, headache and fever. She was treated for an ear infection and sent home. With worsening symptoms, she returned to the hospital two days later. The second time she also had hearing loss, altered mental state, and difficulties walking. Her lawsuit states even though a CT scan and other tests suggested something serious was wrong, the doctor diagnosed her with stress and a sinus infection and sent her home.
She returned to the hospital two more times before she was given a spinal tap which showed she was suffering from two life-threatening conditions. […]
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Car Accident Round-Up — All Is Not ‘OK’ When Text Messaging Before Car Wreck
Distracted driving including text messaging is a leading cause of car accidents
Homeless Man Dead After Thanksgiving Accident With Jackie Autry’s Car
The widow of former Angels owner Gene Autry says the Thanksgiving night event which left a homeless man dead was an accident, reports the Los Angeles Times. She was driving home from a Thanksgiving dinner and traveling about 25 mph when she hit a man who crossed the street with no lights and wearing black clothes. She called 911 but the man died about an hour later, the paper reported.
Forty Plus Car Accidents In Delaware County Due To Winter Weather
Wednesday’s brutal weather, which followed months of above average temperatures, brought over 40 car accident reports to police departments in Delaware County, reports the starpress.com. Injuries, roll-overs, and vehicular entrapments were reported, but no fatalities.
Two Car Fatal Accident Closes Route 29 in Easton, […]
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Car Accident Round-Up
Car accidents around the United States
SUV Rollover Results in Fatality
A 20-year-old woman died in a single car crash on I-95 near Springfield, Virginia, after the car in which she was a passenger struck the jersey barrier throwing her from the vehicle. The driver of the vehicle, the woman’s mother, was injured but her injuries were not believed to be life threatening. Virginia state police believe the driver lost control of the SUV while traveling in the far right lane, then overturned across all four lanes of the road before the vehicle came to a stop against the jersey barrier.
Man Dies After Being Ejected from Car in Head-On Collision
The Cullman Times reports that a Cullman County man and his dog were killed when the car they were riding in collided with a dump truck. The impact from the head-on collision ejected the man from his vehicle. […]
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Government Does Not Back Pennsylvania and New York Marcellus Shale Drilling Moratorium
Speaking on behalf of the Obama administration, Brig. Gen. Peter “Duke” DeLuca, the commander of the North Atlantic Division of the Army Corps of Engineers, declined to seek a temporary halt to Marcellus Shale drilling in Pennsylvania and New York. Rep. Maurice Hinchey (D-N.Y.) wanted DeLuca to use his seat on the Delaware River Basin Commission (DRBC) to advocate for blocking drilling until after a “cumulative impact” study could be done.
Hinchey is seeking $1 million for the DRBC to study the cumulative effects of drilling in the basin, from which 5% of the country’s population gets their drinking water. DeLuca is not willing to put drilling on hold while waiting for years that it could take to complete the report.
DeLuca said, “the citizens of the basin are counting on the commission to make smart choices that allow for environmental protection to proceed together with economic development.” […]
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Pennsylvania to Vote on Regulation Establishing Cement Type for Marcellus Shale Wells
The Department of Environmental Protection (DEP) will vote on an important regulation that will require Marcellus Shale drillers to use a stronger type of cement inside the casing of the wellbores. The regulation will be part of the well construction rule that currently regulates the time the cement must be allowed to settle as well as setting limits on how much pressure can be applied to a well.
According to Range Resources, one of the Marcellus Shale drilling companies, the process to fully isolate the wellbore involves inserting multiple heavy steel casings extending from the ground surface to deep into the ground, and fully cemented into the wellbore. Once the initial wellbore cement has set, the wellbore setting is continued “from the bottom of the previously cemented steel casing to the next depth. This process is repeated using smaller diameter steel casings until the oil and gas bearing rock is reached. […]
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DEP Makes Marcellus Shale Production Data Available to Public
The Department of Environmental Protection (DEP) has made production data for Marcellus Shale natural gas wells in the state available on their website. Under Act 15 of 2010, Marcellus operators are required to report their well production totals from July 1, 2009 to June 30, 2010. This act overturned previous provisions in the Oil and Gas Act that required production data to be kept confidential for five years.
John Hanger, secretary of DEP, says that by making this information available to the public “a much-criticized layer of secrecy” is removed and the public and government now have “unprecedented access to this information.”
Even though the companies were required to submit the data to the state by August 15, 2010, 18 of the state’s 74 Marcellus Shale operators have not yet complied. Hanger said the department will pursue “whatever enforcement action is necessary to ensure compliance with the law.” […]
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