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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Precarious Situations: Why Ladders Cause So Many Injuries

35531596_sDo you use a ladder at your job? Whether it is just once in a while or as part of your everyday job duties, one mistake can result in a serious fall.

Falls are among the most common types of work-related injuries, and many of these occur on step ladders, expansion ladders, straight ladders, and combination ladders. Approximately 90,000 people are treated in the emergency room for ladder-related falls each year, and almost 1,000 of those falls are fatal. Even if you are comfortable getting up on a ladder as part of your job, accidents can happen to anyone.

Jobs with the Highest Risk for Falls

Not surprisingly, the occupations most at risk for a fall from a ladder include roofers, painters, electricians, construction workers, service and repair technicians, and other skilled trades that require physical labor, climbing, and lifting. However, […]

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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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Watch your step! Lawyers warn, it’s slip and fall season

person crossing the street as car comes around cornerIt’s slick out there today. Winter in our home region of Northeast Pennsylvania means the roads, parking lots, and sidewalks are likely to be slippery this time of year.
Slip and fall injuries are more common than you might think – according to the National Floor Safety Institute,  8 million people end up in the emergency room each year as the result of a fall. Slip and fall incidents are also the leading cause of workers’ compensation claims and lost days from work.

The results of a slip and fall can be very serious. Injuries can range from sprains and bruises to broken bones, back, neck, spine, or brain injuries.

Elderly people are even more at risk for falls. The New York Times recently published a fascinating two-part series titled, “After the Fall,” illustrating the risks faced by America’s aging population, and how a fall can be a life-altering event. […]

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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 attorneys of [firm-name] 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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