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.
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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Who Gets the Money in a Wrongful Death Lawsuit?
If you have recently lost a loved one in a tragic accident, you may be wondering how a wrongful death claim works and who gets the money. Wrongful death settlements are paid to the family members following a victim’s death due to someone else’s negligence. When an immediate family member, like a parent or spouse, dies, there is a huge financial and emotional impact. Wrongful death suits work to provide financial support to those who were dependent on the decedent.
Understanding Wrongful Death Lawsuits
Wrongful death claims are a type of civil lawsuit where a deceased person’s surviving family members can recover damages if their loved one’s death was the result of another person’s wrongful act, neglect, unlawful violence, or negligence. While the most common wrongful death lawsuits are related to car accidents and motorcycle accidents, […]
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Scranton Birth Injury Lawyer
Once you hire an experienced, compassionate Scranton birth injury lawyer, you can hold the healthcare provider accountable for their actions under Pennsylvania’s medical malpractice laws. A birth injury can have lifelong consequences for your baby. Your child may require extensive medical care and therapy for years to come or may have an altered quality of life into adulthood. If a doctor or other medical professional caused your child to suffer a birth injury, you are not alone. Call Munley Law today to meet with a birth injury lawyer in Scranton.
Why Choose Our Birth Injury Attorneys in Scranton
Hiring a birth injury lawyer is a vital step for any family in Scranton, PA, facing the aftermath of a birth injury. Their expertise, local knowledge, emotional support, and commitment to your case can significantly affect the outcome of your legal battle. […]
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Erie Birth Injury Lawyer
If your child has suffered a birth injury due to medical negligence, you deserve to secure financial compensation to ensure you can meet all of your child’s unique and extensive medical needs. Filing a compensation claim and making sure you receive fair compensation can be difficult to do on your own, but a qualified birth injury attorney in Erie can help. An experienced attorney understands the emotional and financial toll that birth injuries have on families and will work tirelessly to get your family the maximum compensation to ease as much of your pain as possible.
Birth Injuries and Medical Malpractice
A birth injury is a physical injury a baby suffers during the labor and delivery process. A birth injury elevates to medical malpractice when the injury was preventable but occurred due to a healthcare provider’s negligence or failure to meet the standard of care. […]
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Is the Driver Always at Fault in a Pedestrian vs Car Accident?
Determining fault in pedestrian-vehicle accidents involves complex factors, as both drivers and pedestrians have specific responsibilities when using roadways. Pennsylvania’s comparative negligence law helps establish liability when both parties may share responsibility for an accident.
Understanding Fault in Pedestrian-Vehicle Accidents
Understanding road rules is critical for both drivers and pedestrians to navigate traffic situations. Drivers must yield right-of-way to pedestrians in crosswalks and be vigilant, especially in heavy traffic areas. Pedestrians must obey traffic signals, cross at designated crosswalks, and remain alert.
Pennsylvania’s Comparative Negligence Law
The law in Pennsylvania follows the approach known as comparative negligence. This means that if the pedestrian and driver are partially at fault in the event of a car accident, the damages recovered in the lawsuit may be reduced depending on the percentage of fault allocated to each. […]
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Personal Injury Claims: What to Expect
Getting hurt in an accident can turn your life upside down. Understanding how personal injury claims work will help you get the compensation you deserve while focusing on your recovery.
How Long Do Most Personal Injury Claims Take?
Most personal injury claims take four to 12 months to wrap up, though some cases might need more time. The timeline depends on how serious your injuries are, who was at fault, and whether the insurance company works with you or against you. If your case goes to court, it could take longer than if you settle outside court.
It’s smart to wait until your doctors say you’re as recovered as you’re going to get before settling. This way, you’ll know what your long-term medical needs and costs will be.
How Does the Claims Process Work?
The personal injury claims process is straightforward – […]
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