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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$29.4 million verdict in Johnson & Johnson talcum powder case

On Wednesday March 13, 2019 a California jury awarded Teresa
Leavitt $24.4 million and her husband, Dean McElroy $5 million in a trial
brought by them against Johnson & Johnson. 
Teresa Leavitt believes her mesothelioma, a terminal disease caused by
asbestos exposure, is linked to her regular use of Johnson & Johnson’s
talcum powder. 

talcum powder lawsuit lawyer

The Leavitt case is the first case to be tried since a
bombshell report by Reuters and the New York Times about the contamination of
baby powder with asbestos.  Both reports
sighted leaked internal documents showing Johnson & Johnson knew about the
problem as far back as 1971.

Johnson & Johnson said they were disappointed in the verdict and they would pursue an appeal. Johnson & Johnson’s spokesperson, Kimberly Montagnino said, “we will pursue an appeal because Johnson’s Baby Powder does not contain asbestos or cause cancer.”  […]

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Defective Consumer Products Lawyer

If you have sustained an injury from an appliance, a toy, a piece of furniture, or a medication, contact a defective consumer products lawyer at Munley Law Personal Injury Attorneys.  Since 1959, our product liability attorneys have worked to establish a reputation as industry experts in personal injury law. We have earned the highest client and peer ratings and have been named among the Best Lawyers in America. Our own Marion Munley was named Product Liability Lawyer of the Year, 2017, for her work on behalf of injured plaintiffs. Call or fill out our email form today. The consultation is FREE, and we do not charge a fee unless we win your case.

If you were injured by a defective consumer product, it’s wise to speak with an attorney who is knowledgeable in product liability cases. For nearly 70 years, the defective consumer product lawyers at Munley Law have fought for their clients’ […]

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Volkswagen Recall Reveals Scam, Hurts Germany’s Reputation

30371832_sLast week, we heard yet another story of a major automaker intentionally deceiving the public and the government.

Volkswagen has been ordered by the Environmental Protection Agency to recall nearly half a million diesel powered vehicles in the U.S. due to  a software designed to cheat emissions tests. The software in the vehicles detects when an emissions test is being performed, and will reduce smog emissions during the test, making the car appear to be more environmentally friendly than it actually is. During normal driving time, the vehicles can emit up to 40 times the amount of nitrous oxide allowed by the Clean Air Act.

For a year, VW claimed that this discrepancy was the result of technical errors, but last week they admitted that the software was designed to intentionally cheat the tests.

Affected models include: diesel versions of the Jetta, […]

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Amtrak Investigation Continues, Lawsuits Begin

amtrack train

Deadly Amtrak crash still under investigation, attorneys concerned over 1997 damages cap of $200M

Four passengers and one of the conductors on board the derailed Amtrak train 188 have filed lawsuits against Amtrak as the investigation continues. Amtrak service between Philadelphia and New York resumed this morning with Michael Nutter, mayor of Philadelphia, there to see passengers off.

Speculation as to the official cause of the crash is still going on

Was an object hurled at the train moments before the crash? Does it matter? While the object may not have done damage to the train itself, some say it could have alarmed, distracted, or even wounded the conductor, who says he has no memory of the crash or the final moments leading up to it.  A“black box” data recorder will give a more accurate reading of the train’s speed, […]

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Auto Accidents Caused by Defective Roads

auto accidents caused by defective roads munley law

Sometimes it is the road that is at fault in an auto accident. Defective road conditions can cause a driver to lose control of his/her car, leading to an auto accident that can result in serious personal injury or death. But when the road is at fault, who is responsible for your injuries?

Roads in Pennsylvania are the responsibility of either the state or local municipalities. Although Pennsylvania’s Sovereign Immunity Act generally bars suits against the Commonwealth and other government entities, dangerous conditions on highways created by potholes, sinkholes or similar conditions are exempt from sovereign immunity.

The Pennsylvania defective road condition car accident attorneys of Munley Law believe that when hazardous road conditions lead to accidents, injury, or death, the responsible government agency and/or a private contractor that worked on the road should be held accountable. The victims of accidents caused by unsafe roads deserve full and fair compensation for their injuries and losses. […]

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Jury awards $175 million in Trinity Guardrail Case

Daniel MunleyTrinity Industries, the maker of highway guardrails, was found by a jury on Monday to have defrauded the federal government. The jury in Texas, found Trinity liable in the civil lawsuit for violating the False Claims Act, according to CNBC. The jury said that those violations caused the U.S. Government to incur $175 million in damages, as the federal government helps state transportation departments purchase approved products, including Trinity guardrail products, for use on highways across the country. Under the federal False Claims Act, the verdict amount would be tripled to $525 million.

The case was filed by Joshua Harman, a competitor who discovered that in 2005, the company had made changes to a piece of steel in the front of the guardrail without alerting the Federal Highway Administration (FHWA), as is required. Harman’s lawsuit claimed the modifications made by Trinity could be deadly. […]

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Another Victory For Munley Law Personal Injury Attorneys

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

Munley Law Personal Injury Attorneys logo
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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GM recalls 8.4 million more vehicles, announces compensation

GM recalled another 8.4 million vehicles on Monday, which included more than 8 million for ignition switch defects. The latest recall brings the total vehicles recalled by GM this year alone to 29 million. U.S. News and World Report mentioned that 17.1 million of the recalled vehicles were because of faulty ignition switches.

Some of the latest vehicles recalled date back to 1997 and extend to 2014 models. According to Forbes, vehicles included in the latest recall include the 1997-2005 Chevrolet Malibu, 1998-2002 Oldsmobile Intrigue, 1999-2005 Pontiac Grand Am and 2003-2014 Cadillac CTS.

The Wall Street Journal reported that the automaker admitted it knew of seven crashes, eight injuries and three fatalities involving the cars recalled for the new ignition switch problems. This was essentially the same problem with 2.6 million recalled Chevy Cobalts and other vehicles linked to 13 deaths and 54 accidents. […]

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Attorney Marion Munley’s Article on the Vanishing Jury Trial in The Scranton Times

Marion MunleyAs seen in The Scranton Times. America’s long and proud history has been shaped by lawyers and judges who made lasting contributions to the preservation of individual liberties guaranteed by the Constitution. To the Founders, the right to jury trial, secured by the Seventh Amendment, was on par with the right to vote and the right to free speech. In the initial draft of the Declaration of Independence, Thomas Jefferson’s litany of abuses by the king included, prominently, “depriving us of the benefits of trial by jury.”

Jefferson considered “trial by jury as the only anchor ever yet imagined by man that holds the government to the principles of its Constitution.” Jurors are true public servants who commit their time, critical thinking and impartiality to their fellow Americans. Jurors serve as checks and balances on our judicial system, and a jury trial is a fundamental right critical to our democracy. […]

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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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Injury Victims of Train Accidents May Often Claim Compensation

A recent train derailment in South Jersey sent some 70 people to the hospital and caused the evacuation of more than 200 nearby homes. The reason? The train cars were filled with a dangerous chemical called vinyl chloride, a chemical that wafted through the air for at least several days.

The Nov. 30 train derailment near Paulsboro, N.J.,  sent four rail cars into the Mantua Creek when the train came off its tracks on a bridge. It took officials two weeks to get the cars out of the creek, which feeds the Delaware River that provides drinking water to some 15 million people.

While no one was killed in the Paulsboro train accident, the long-term effects of vinyl chloride are such that we may not know the full damage for years. The gas reportedly causes cancer and liver damage, according to the EPA.

Mike Schade with the Center for Health, […]

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4 Pennsylvania School Bus Accidents In One Week

Week in early December 2012 yields high amount of school bus accidents

In less than a week, there were four separate school bus wrecks in Pennsylvania – with dozens of students being rushed to hospitals.

Contributing factors included inclement weather, hazardous road conditions, decreased visibility due to shorter days and increased holiday traffic.

There were 121,312 reportable traffic wrecks in Pennsylvania in 2010, according to the state Department of Transportation. A total of 1,324 people were killed in Pennsylvania automobile crashes that year, and 88,000 were injured.

Following are summaries of the four school bus wrecks, all of which occurred in early December:

  • 20 York County students taken to the hospital. The school bus they were riding in was struck from behind by a sports utility vehicle just after 7 AM on December 14. The extent of the injuries was unknown, […]

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Safety Precautions to Take Before Using Power Tools

Without power tools, we would be unable to complete many of the construction projects that occur throughout the country on a daily basis.  It is important though, that all people are extremely cautious when using these tools because they have the ability to cause serious injuries.  Taking the time to implement some safety precautions can help to minimize the potential damages and may keep the handler and anyone nearby safe.

Power tool safety may seem like common sense, but without spending a few minutes reviewing your familiarity with each tool and ensuring that you have properly set up the area you will be working in, you may be putting yourself in danger.  Safety precautions that you should consider taking before using a power tool include:

  • Read the instruction manuals and warning.  Power tools come with safety information that is relevant to the handling of the equipment.  […]

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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 Accident Victims Should Request a Copy of Their Vehicle Accident Report

Earlier this month our PA truck accident lawyers offered some information regarding vehicle accident investigations.  However, we did not include information on the crash report and what happens with all the information that is compiled – and how you can access that information.   Below we explain the importance of a Pennsylvania crash report.

The Pennsylvania State Police, along with the state’s nearly 1,300 local municipal police departments, have a duty to investigate each traffic accident that occurs on the Pennsylvania roadways.  That is no easy task with over 120,000 miles of roads and highways in the state.  According to the 2010 Pennsylvania Crash Facts and Statistics, in 2010, PA police investigated 121,312 traffic crashes.  Of those accidents, 1,324 people died and 87,949 were injured.

When police come upon accidents the scene is often chaotic.   The police must first make sure all of the accident victims are properly attended to and then they need to redirect traffic.  […]

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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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Text message sender is sued in distracted driving accident

Victims in distracted driving accident claim sender of text message enabled driver to be distracted

The victims of a distracted driving accident are making history in the lawsuit they have filed for damages.  A man and his wife who both lost their left legs when the motorcycle they were riding was struck by a driver who was texting are suing the sender of the text message as well as the driver.

The driver of the car that struck the New Jersey couple in Sept. 2009 pled guilty to using a hand-held cellphone while driving, careless driving, and failure to maintain a lane.  The man was sentenced to $775 in fines and was ordered to speak about the dangers of texting and driving at local high schools, according to the article in the New York Daily News.

The couple is seeking damage for medical costs related to their injuries.  […]

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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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