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?
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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Pennsylvania Family Awarded $2.9 Million in DUI-Hit-and-Run
The family of a 14-year-old Bensalem, Pennsylvania girl who was killed in a 2004 hit-and-run crash while she was trying to cross a road has been awarded $2.9 million by a Bucks County judge. The case was decided without a jury.
The 21-year-old driver that struck the girl was driving with a suspended license and was found to be intoxicated at the time of the crash. The police did not charge him with DUI-related hit-and-run saying that road condition and other factors, not his drunkenness, caused the crash. The driver, however, was sentenced to three to six years in a state prison for the accident, and is currently in jail.
The family of the deceased brought a civil trial against the driver and the owner of the vehicle the man was driving. According to PhillyBurbs.com, the judge awarded the plaintiffs $697,749.92 in wrongful death damages against both defendants; […]
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Car Accident Round-Up – NJ Town Mourns Four Teenagers
Teen driver loses control of SUV killing four of the eight teen passengers in tragic accident
Four Teenagers Die in NJ SUV Accident
In a tragic single-car accident on Sunday, four teenage football players from Mainland Regional High School in Linwood, NJ lost their lives, and four others were injured, as they headed to a team brunch. The 17-year-old driver apparently lost control of his SUV, on the Garden State Parkway around 11:45am, as he rounded a crest and came upon heavy traffic, causing the vehicle to flip several times, ejecting two of the passengers. All eight of the boys, aged 15-17 years-old, were riding in the same vehicle.
NC Accident Kills Three Generations of Women
An SUV carrying eight family members on a return trip home to New York, after vacationing in Florida, crashed on I-95 near Raleigh, NC. According to police, […]
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PATCO to Pay $10 Million in Crash Settlement
After only twenty minutes into a car accident trial last week, a recess was called and the two parties came to agreement on a $10 million settlement to be paid by the Port Authority Transit Corp. (PATCO). The transit authority had admitted before trial that its truck driver was liable for the collision.
A 55-year-old Berlin, NJ man was driving to work in July 2007 when he was struck by a PATCO truck in Philadelphia, PA. The man had just crossed a bridge into Philadelphia when the PATCO driver ran a red light and shoved the man’s vehicle into a median strip. The accident resulted in shattered bones and a broken ankle to the driver.
The man has since undergone 12 surgeries and a painful debriding procedure to try to rid the leg of a serious infection which had begun to cause his flesh to rot. […]
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Car Accident Round-Up – Teens Involved in Serious VA and NY Accidents
Car accidents claim lives around the United States
Teenagers Die in VA Car Accident
A car accident in Portsmouth, VA late Saturday night left two teenagers dead and one seriously injured. The accident that occurred on Elmhurst Lane near Victory Boulevard apparently was the result of speeding. The car swerved off the road then struck several trees and a utility pole ejecting two of the occupants and pinning the third in the car. The two girls that died were 16-years-old. The third occupant, a 17-year-old male, was hospitalized with unspecified injuries. Police are unsure of who was driving the car.
Former KY Governor’s Son Dead After Single-Car Wreck
According to the Lexington-Herald Leader, former Kentucky governor Julian Carroll’s son, Bradley, died in a single-car accident Sunday in Franklin County, KY. Carroll was traveling south on US 421 near the Versailles Road overpass when his Ford Explorer went off the right side of the road, […]
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San Diego Man Awarded $2.4 Million in Asbestos Exposure Lawsuit
A San Diego Navy Veteran who was diagnosed in 2010 with mesothelioma, an asbestos-caused cancer, was awarded $2.4 million in damages after his disease was found to be attributed to his work in ship boiler rooms.
The lawsuit, filed against John Crane, Inc., claimed the plaintiff was exposed to asbestos while serving in the Navy from 1961 to 1971 in his work in the maintenance and repair of boilers, pumps and valves. The suit claimed John Crane made some of the asbestos-containing packing material and gaskets in the equipment.
The total damages of about $2.4 million include nearly $1.4 million in noneconomic damages and $450,000 for loss of consortium. The jury found John Crane five percent liable, the Navy and insulation companies 57 percent at fault, some manufacturers and suppliers 37 percent at fault. The plaintiff himself was found to be one percent at fault. […]
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Car Accident Round-Up – CO Accident Takes Life of TX Billionaire
Texas billionaire broadsided by sports utility vehicle in Colorado
Texas Billionaire Dies in CO Car Accident
Charles Wyly, a 77-year-old Texas billionaire and philanthropist, died near Aspen, CO in a two-car crash on Sunday. Wyly, who was driving a Porsche, was turning back onto the highway near the airport, when his car was broadsided by a sport utility vehicle. Police believe Wyly failed to yield prior to entering the highway. Wyly, who was central to building the Dallas Arts District, was pronounced dead at the local hospital. The other driver suffered moderate injuries.
Rear-end Collision in FL on I-95 Kills One, Injures Two
A car stopped on the northbound lanes of I-95, north of Okeechobee Boulevard near exit 71, was rear-ended by another car early Sunday morning resulting in the death of a passenger, and serious injuries to the two drivers. The interstate was closed for close to four hours while rescue workers worked at the scene. […]
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Family of WVa Nursing Home Resident Who Received Poor Care Awarded $91.5 Million
The family of an elderly woman suffering from Alzheimer’s, dementia, Parkinson’s disease and several other conditions, received $91.5 million in damages from a Charleston, West Virginia nursing home. The elderly woman was a patient for just three weeks at Heartland of Charleston nursing home where the workers failed to feed and care for her leading to her death just one day after transferring to another facility.
The lawsuit alleged that while living with her son, the woman’s health had improved to where she could walk, speak and recognize family members. However, when she was checked into Heartland the staff confined the woman to a wheelchair, labeling her a fall risk.
The family’s lawyer argued that Heartland did not have enough staff to properly care for the woman and the other patients. Some former Heartland workers testified properly caring for all of the residents was impossible. […]
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California Women Awarded $1.2 Million in DUI Civil Lawsuit
Two CA women receive settlement after being hit by drunk driver
Two women, who suffered permanent injuries after an automobile accident with an assistant district attorney in Los Angeles who was driving drunk, agreed to a $1.2 million settlement in a civil lawsuit against the woman. The two women had already been awarded more than $1 million in compensatory damages by a jury.
The assistant DA had a BAC of .26, more than three times the legal limit, and admitted that she knew she was drunk. She decided to drive anyway in hopes that she would get home without getting caught. In the April 2010 accident, she rear-ended the two women near Long Beach, CA resulting in one woman suffering back injuries, facial scars and lost teeth, and the other suffering from back injuries.
The women had sought $2 million, but agreed to the settlement to avoid a second trial and to get immediate payment. […]
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VA Trooper Killed in Crash While Responding to Call
VA Trooper dies in tragic accident; collides with oncoming car and runs off the road striking a pole
Virginia Veteran and State Trooper Killed in Crash
A Virginia State Trooper responding to a call Friday night in King George County, Virginia, collided with a Hyundai Elantra where his car ran off the road and struck a light pole resulting in his death. He was traveling westbound on Route 3/Kings Highway when he entered the intersection of Route 3 and Madison Drive and collided with the eastbound vehicle. The driver and a passenger in the Hyundai were taken to Mary Washington Hospital in Fredericksburg with minor injuries. The trooper was also an Iraq war veteran. The police are continuing their investigation.
Ohio Accident Claims Two Lives
Two women died and three men were injured when their car flipped on I-76 near Akron, […]
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PA Driver Tries to Run Down Pedestrians
No one injured after man drives on sidewalk targeting pedestrians
Virginia Accident Leaves One Dead
A Sunday morning crash on I-81 near Abingdon, Virginia has left a 23-year-old college student dead. The driver of the 2005 Jeep Wrangler left the northbound lanes of the highway, struck several trees then overturned. The deceased was the only person involved in the single-vehicle accident.
Fleeing Man Causes Fatal Accident in West Virginia
Deputies in Loudon County, Virginia attempted to pull over a speeding driver before he fled the scene and raced across the state line into West Virginia causing a multi-car accident leaving one person dead and five others injured, including the fleeing driver. The DC man was driving a stolen Toyota 4Runner on Wednesday morning around 3am when he crossed into oncoming traffic and sideswiped a car carrying three people, […]
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NY Man Charged with Vehicular Assault, DWI in Motorcycle Crash
Drunk driver hit motorcyclist, who suffered serious leg injury
Man Charged with Vehicular Assault, DWI in Motorcycle Crash
A Montour Falls, NY man was charged with vehicular assault when he hit and injured a motorcyclist while driving drunk. The accident occurred Friday after the drunk driver turned into the path of a motorcycle at College Avenue and Turner Park in Montour Falls. The motorcyclist sustained a serious leg injury and was airlifted to Robert Sayre Hospital. In addition to the first-degree vehicular assault charge, the driver was also charged with driving while intoxicated, failure to yield the right of way and failure to keep right.
Drug-Impaired Driver Charged in Accident
A New York woman was charged with driving while impaired by drugs, leaving the scene of a property damage accident and various other traffic violations after crashing her car into several road signs on Thursday. […]
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$322 Million Awarded To Man Over Asbestos Exposure
Negligent companies were aware of the cancer-causing nature of their asbestos product
In what is believed to be the largest award in a single plaintiff’s asbestos case, a jury has awarded $322 million to a 48-year-old man who is suffering from asbestosis and has to be on oxygen 24 hours a day.
The jury awarded $300 million in punitive damages and $22 million in actual damages and found the defendants were liable for defectively designing their product and failing to provide an adequate warning to workers.
The lawsuit, filed against Chevron Phillips Chemical Company and Union Carbide Corp., states the man worked in the oil field from the age of 16 in 1979 to the mid-1980s and mixed an asbestos drilling additive. It was during this time, the lawsuit claims, he inhaled the harmful substance.
The drilling mud was manufactured by Union Carbide and sold by Chevron Phillips. […]
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Nine-Car Accident Causes Injuries in MA
Reckless driver weaving between lanes causes nine-car accident
Fatal Car Accident In Woodford County, Kentucky
The driver of a Volkswagen Jetta ran a red light and ran into a Mercedes at the intersection of Falling Springs Boulevard and McCowans Ferry Road around 8:00 p.m. on Tuesday, according to Lex18.com. One person in the Mercedes was killed and another in that car was taken to the hospital with life-threatening injuries. The driver of the Volkswagen was taken to the hospital with non life-threatening injuries.
Traffic Snarled Following Three Car Accident in Michigan
U.S. 23 north of Lee Road in Green Oak Township was the scene of a three car accident around 4:30 p.m. on Tuesday. Traffic was slowed on both sides of the freeway and one person in the accident was taken to the hospital. Michigan State Police are still investigating the accident in which one vehicle ended up on the southbound side of U.S. […]
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Fiery Crash in NY Kills One Teen, Injures Four
Speeding suspected to be the cause of the fatal teen crash
Teen Pulled From Burning Car after Fiery Crash In N.Y.
One teen is dead and four are injured following a Wednesday night crash in Rush, N.Y. Speed is suspected in the crash where the vehicle overturned and caught fire. One man heard the car go by, and then heard the crash. He rushed to the scene in his truck and was able to pull one girl out by cutting her seatbelt, saving her life. All she remembers of the incident is swerving, panicking, and calling her mom to tell her she had been in an accident. Most of the five teens grew up together.
Iowa Man Killed In Head-On Collision
A 61-year-old man was pronounced dead at the scene of an accident on I-80 Wednesday night when a van crossed over the median and crashed with his Chevy HHR, […]
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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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$1.36 Million Award Over Asbestos in Cigarette Filters
Man develops asbestos-related cancer from “healthier” cigarette filters produced in the 50’s
In a rare victory against the Lorillard Company and its “Micronite” cigarette filters, a San Francisco jury has awarded $1.36 million to an ex-smoker who claims he developed a form of cancer from the filters on Kent cigarettes in the 50s, reports FairWarning.
Lorillard produced its “Micronite” filter for Kent cigarettes from 1952 to 1956 claiming it was the “greatest health protection in cigarette history” because it removed more tar and nicotine than the competitor’s filters. It was later disclosed the Micronite tip contained highly toxic crocidolite – “African blue” – asbestos.
The 73-year-old terminally ill man was diagnosed with mesothelioma, an asbestos-related cancer, in 2009 and had a lung removed last year. The jury found he smoked Kents when they had the Micronite filter containing asbestos in the 50s and that both Lorillard and Hollingsworth & […]
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One Dead After Car Crashes Into Chicago Church
Late-night car crash into church kills one and sends two to the emergency room
One Dead After Car Crashes Into Chicago Church
NBC Chicago reports a 22-year-old is dead and two other people are injured following a two car crash around 3:00 a.m. on the 1900 block of West Washington Blvd on the city’s Near West Side Sunday morning. The 22-year-old was pronounced dead at the scene and two others were taken to the hospital in good condition.
Paul Smiths College Student Killed In Adirondacks Car Accident
A 19-year-old student lost control of his 2002 Saturn sedan on Route 86 in Ray Brook, N.Y. on Sunday morning and slid into the path of an oncoming 2010 Honda CRV driven by a 57-year-old male. The student was pronounced dead at the scene and the passenger of the Honda suffered multiple fractures, […]
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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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