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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Fatal Van Crash Met With Inadequate Response

Eighth warning issued about 15-passenger vans; Warnings prove ineffectual

In the wake of yet another fatal crash involving a 15-passenger van – this one related to an alleged tire failure – the National Highway Traffic Safety Administration has again issued a consumer advisory about those vans.

A safety advocacy group notes that it is the eighth warning the agency has issued about those vans and says the information is too little and too late.  Studies have shown these vans are prone to deadly rollovers. At Munley, Munley & Cartwright, P.C., we agree. The agency needs to take a much firmer stance than issuing safety notices.

The advocacy group Safety Research & Strategies, Inc., speculated that the advisory was issued in response to a recent fatal rollover of a passenger van:

“On March 1, the Epicenter of Worship Church held a prayer vigil for Omberi Erasto, […]

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Four Elderly Women in Fatal PA Car Crash

Four elderly women in car crash on the way to garden club meeting, two killed, two seriously injured

Two Women Die, Two Injured in PA Car Accident
WETM-TV reports four elderly women traveling in a Buick Century were on the way to their monthly “Garden Club” meeting at a nearby Perkins restaurant Thursday around noon when they were in a tragic car accident.  The women were at the intersection of Rt. 6 and Dorset Heights in Mansfield when their car collided with an F-250 Ford pickup truck.  Two of the women, aged 81- and 89-years old both died in the accident. The two others were seriously injured and were airlifted to the local hospital. The driver of the pickup truck was not injured. Police are continuing to investigate the cause of the accident.

Motorcyclist Dies in Accident in FL
A 77-year-old Florida woman has been charged with DUI manslaughter, […]

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Car Accident Round-Up – Deadly Crashes Around the U.S.

Fatal car accidents around the US remind us to wear a seatbelt

Seven Family Members Injured, One Dies in Hit-and-Run Rollover Accident
An SUV carrying a family of nine traveling on I-80 near Cheyenne, Wyoming, was rear-ended by another vehicle resulting in a rollover accident.  Upon impact, the SUV went off the road and rolled over.  All of the occupants of the SUV were ejected, except the driver.  A six-year-old died in the crash and seven others were injured. The driver of the other vehicle fled the scene, but was apprehended later. The accident occurred around 3:30 a.m. Friday morning as the family traveled from Chicago, IL to California.

Two Die in I-95 Accident in FL
The Florida News Journal reports two men are dead after an accident on I-95 in Palm Bay, Florida.  The men were traveling near mile marker 168 in a Volkswagen Jetta when their vehicle rear-ended another car.  […]

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Car Accident Round-Up: Students Killed in Wrong Way Crash

Woman slams head-on into vehicle after traveling seven miles in the oncoming lane in fatal car accident

Four Die in Wrong-Way Accident in Ohio
A 69-year-old woman traveled over seven miles the wrong direction on I-75 near Toledo, Ohio, before slamming head-on into a car carrying five college students.  The woman and three of the college students died in the Friday morning accident.  The two other college students were seriously injured.  A caravan of four cars was carrying 16 Bowling Green State University students to the airport for a spring break vacation in the Dominican Republic.  Police are investigating to determine why the woman was on the wrong side of the road.

Police Chase Leads to Fatal Car Crash in Pennsylvania
A driver and his passenger died early Monday morning when their car crashed into a wall in Wilkinsburg, PA after a police chase.  […]

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Car Accident Round-Up: Fatal Nine-Car Accident in CA

Three dead, 10 injured in car accident caused by woman suspected of being drunk

Nine Car Accident Leaves Three Dead in CA DUI Accident
A nine-car crash in Monterey County, CA left three people dead and approximately 10 people injured, two seriously. According to police, the Wednesday evening accident occurred when a woman suspected of drunk driving reached for her cell phone and crossed the center line in her SUV, striking a Volkswagen head-on. Three occupants of the Volkswagen died and a fourth was seriously injured. After the two vehicles crashed, another seven cars were involved in a chain-reaction crash.  The occupants of the Volkswagen and those in another car following them were returning from a funeral in King City.  The pileup occurred on Highway 101 near King City, CA.

Man Dies Crossing Street at Busy Philadelphia Intersection
A 77-year-old man crossing the road at Henry Avenue and School House Lane in the East Falls section of Philadelphia was struck by a vehicle last week.  […]

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Car Accident Round-Up: Policeman Dies in PA Car Chase

Suspect of previous hit-and-run arrested for suspected vehicular homicide in car accident

Pennsylvania Car Chase Leads to Policeman’s Death
According to the Pittsburgh Post-Gazette, police stopped a 35-year-old man suspected of an earlier hit-and-run accident in Granville, WV early Saturday morning.  The man refused to get out of his car, and drove off leading police on a car chase into Pennsylvania.  A WV police sergeant had pulled his SUV off the road on I-79 near the one-mile marker in PA and was ready to assist in stopping the vehicle when the suspect crashed into the SUV. The policeman was taken to the nearby hospital where he was later pronounced dead. The suspect was arrested on suspicion of homicide by vehicle while police await toxicology test results.  Police believe the man was driving drunk and taking prescription anti-anxiety drugs.

Three U.S. Marines Die in CA Car Accident, […]

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Alcohol-Related Crash in PA Kills WV Policeman

Police officer killed by drunk driver in crash during car chase

A man fleeing police led them on a chase from West Virginia into Pennsylvania where the suspect slammed into a police cruiser, killing 41-year-old Monongalia County, WV Sgt. Michael Todd May.  According to the Pittsburgh Post-Gazette, the suspect was arrested on suspicion of homicide by vehicle, and police are awaiting BAC test results.  Police believe the man was driving drunk and taking prescription anti-anxiety drugs.

The Saturday morning accident occurred after police stopped a 35-year-old man suspected of an earlier hit-and-run accident.  Instead of getting out of the car, the man drove off.  May had pulled his SUV off the road on I-79 near the one-mile marker and was ready to assist in stopping the vehicle when the suspect crashed into him.

May leaves behind his parents and a younger brother. […]

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PA Car Accident Serves as Child Safety Reminder

A PA car accident earlier this month in Nicholson Township, about 25 miles outside of Scranton, PA, left a man and his 3-year-old daughter dead.  According to an article in the Times-Tribune, the man, who was driving a pickup truck, crossed the center line on West Nicholson Road and struck another pickup head-on.  The police report that while the father was wearing a seat belt, the toddler was not in either a child-safety seat or in a seat belt.  The girl and her father were both pronounced dead at the scene from “massive traumatic” injuries.

Our Pennsylvania car accident attorneys have seen the devastation that car crashes can cause, and we know that sometimes restraints cannot protect the lives of those in accidents. However, the National Highway Traffic Safety Administration (NHTSA) reports that when properly restrained infants have a 71% greater chance of surviving a car crash and toddlers have a 54 percent decrease in the risk of death. […]

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Car Accident Report – Car Accidents Claim Lives

Fatal car accidents around the country

Father and Child Die in Pennsylvania Head-On Accident
A Wednesday night crash in Nicholson Township, about 25 miles outside of Scranton, PA, left a man and his 3-year-old daughter dead.  The Times-Tribune reports the deceased man was driving a Chevy Silverado when he apparently crossed the center line on West Nicholson Road and struck a Dodge pickup head-on.  The driver of the Dodge was treated for minor injuries at the hospital and was later released.  The police report the child was not restrained in the vehicle and died from “massive traumatic” injuries. She and her father were both pronounced dead at the scene. Police are continuing to investigate the accident.

Chain-Reaction Accident in CT Caused by Drugged Driver
Police in Norwalk, CT say a woman who was on a day-long crack binge, and was fleeing officers, […]

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Car Accident Report –Three MD Teens Die

Teen driver drifts into oncoming lane causing fatal head-on car accident

Four Die in Wrong-Way MD Crash
A sedan carrying three teenagers traveled the wrong way, against traffic, on Route 50 in Anne Arundel County, MD, leading to a crash resulting in four fatalities. The 19-year-old driver of the car crashed head-on into another car, killing the teen and both teenaged passengers, as well as the driver of the other car.  The police are continuing to investigate the crash and are relying on 911 tapes, where other drivers reported the wrong-way vehicle, and witnesses for information.  The accident occurred around 3:30 a.m. Saturday.

One Teen Dies, Three Injured in Ohio Accident
A Waynesville, OH automobile accident last Thursday left one teenager dead and three others injured.  The vehicle in which the teen was traveling was struck by a Chevy Blazer at the intersection of South Main St. […]

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Car Accident Round-Up – SC Car Crash Kills Four

Car caught fire, however coroner reports victims were killed upon impact

Four Die in Fiery South Carolina Car Crash
Four friends died in a fiery car crash around 5 a.m. last Wednesday morning in Columbia, South Carolina.  The four, who had been out celebrating a birthday, were traveling together in a Dodge Charger on George Rogers Boulevard when their car slammed into the Farm Bureau Insurance building at the Shop Road intersection.  The car became engulfed in flames, but the coroner reports the four died upon impact. The friends were in their early 20’s.  Police are continuing to investigate the accident, however, they believe speed and alcohol may have been contributing factors in the accident.

One Teen Dies, Four Injured in VA Accident
A five-car accident Monday afternoon near Rocky Mount, Virginia has claimed the life of a 17-year-old boy and left three other teens and an adult injured.  […]

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FL Nursing Home Hit with $200M Neglect Verdict

According to an article in the Tampa Bay Pines, Trans Health Management has been ordered to pay the largest nursing home neglect verdict in Florida history.  The $200 million verdict was awarded to the family of a 92-year-old woman who was found dead at the bottom of a stairwell at Pinellas Park Care and Rehabilitation Center in Pinellas County, Florida in 2004.

The staff at the Center did not notice the woman was missing for over an hour.  They then found her still strapped in her wheelchair at the bottom of 10 steps at the open emergency exit stairwell. She died shortly before the paramedics arrived.

Trans Health Management Inc., which oversaw the nursing home at the time of the accident, did not present a defense in the case.  During the trial, former employees at the home testified that the door to the stairwell was supposed to be locked, […]

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Florida Company Sued in Car Accident Over Driver’s Poor Record

According to NaplesNews.com, the parents of a teen who died in a vehicle accident as he and others were being driven back to their school after competing in a flag football game have filed a lawsuit against the driver’s estate and his employer.  The driver had a poor driving record with over 18 tickets, and the lawsuit alleges the company should not have allowed the man to drive the students.

The accident occurred last month when the driver lost control as he approached a 90-degree turn on Wagon Wheel Road, about three miles west of Turner River Road in Ochopee, Florida.  The vehicle struck a traffic sign and flipped into a canal.  The driver and the teenager died in the accident.  The six other passengers suffered minor injuries.

The lawsuit points out that the driver’s license had been suspended six times, and on the night of the accident his license had been suspended three months.   […]

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Minnesota Family Seeks Damages in Fatal Car Crash

The trustee of a teenager who died in a car crash near Claremont, MN, in 2010 is suing the driver and father of the car the teen rear-ended.  The lawsuit seeks compensation for loss of aid, medical expenses and funeral expenses, as well as other compensation, according to the PostBulletin.com.

The deceased teen was in the second car traveling in a “caravan” of four cars on their way to a football game.  When the driver of the lead car came upon a deer in the roadway he slammed on his brakes causing a chain-reaction collision.  The injuries the teen sustained in the accident were fatal.

The lawsuit alleges the driver of the lead car was driving too fast and should have tapped his brakes to warn those following him of the obstacle in the road.

The suit seeks over $100,000, including $50,000 for “the loss of aid, […]

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Lawsuit Settled in HS Football Player’s Death

A 2006 lawsuit filed by the parents of a Henderson County, KY high school football player who died during practice has finally been settled.  Although the terms of the settlement are sealed, both parties said they were glad to put the dispute behind them.

The lawsuit claimed negligence against several school personnel and a doctor, but the suit dragged on while the insurance companies continued to argue over which one bore the most responsibility, according to Kentucky.com.

The 16-year-old football player died during practice on a hot, humid day in July.  The defendants claimed the teen died due to an underlying cardiac condition.

The father said his son’s death had played a part in changes to state law and athletic regulations that deal with heat.  While he said the settlement was a “bitter pill to swallow,” he also said that without filing the suit they would not have gotten the details surrounding their son’s death. […]

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PA Jury Awards Over $11 Million to Plane Crash Victims

A Philadelphia, PA jury awarded two victims of a 2009 plane crash, who suffered significant, permanent injuries, over $11 million in damages. The pilot and her passenger both sustained third-degree burns over 35 percent of their bodies.

The lawsuit alleged the Cessna 337 Skymaster twin-engine aircraft in which they were flying crashed shortly after takeoff due to “ineffective inspections and maintenance.”  The plane crashed into a water treatment plant in Georgia after losing power in one of its engines. The second engine could not handle the extra load due to problems to it as well.

The pilot’s injuries have prevented her from returning to work as an airline pilot.  She was awarded $6.458 million, which was reduced by 20 percent because of her attributable negligence, according to the court docket.

The passenger, who was a doctor, has been able to return to his work performing cancer dermatological surgeries.  […]

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NJ Man Awarded $4 Million in Overdose of Drug at Party

A New Jersey man has been awarded more than $4 million after he suffered permanent nerve damage when he took the drug Xanax that was obtained illegally from a Ridgewood, NJ pharmacy. The drug was given to him at a 2007 party by a former employee of the pharmacy.

According to NJ.com, the lawsuit was filed against the pharmacy, several guests of the party where the then 17-year-old was given the drug, the party’s host, and the host’s mother. The drug was stolen from the pharmacy.

After the man took the drug he fell into a coma.  However, the guests did not call 911 and waited a while before finally driving him to the hospital.  The man’s nerve damage has impaired his ability to walk and talk, and he is now homebound trying to recuperate.  According to his lawyer, he has been declared incompetent. […]

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Four Men Die in Christmas Day Car Crash

Police suspect speeding during suboptimal conditions to be the cause of crash

Deadly Maine Accident Leaves Four Dead
A tragic Christmas Day car crash in Palermo, Maine, left four men dead – two brothers in one vehicle, and a man and his father-in-law in another.  The Bangor Daily News reports the two brothers were traveling on Route 3 in an SUV that apparently lost control and skidded sideways into the path of the other car, which struck the SUV broadside. All four men died at the scene.  Police are continuing to investigate, but believe the SUV was traveling too fast for conditions after a light snow dusted the roadway.  The brothers were aged 18 and 21-years-old.  The two men were 64 and 83-years-old. 

Two Teens Die in Florida Accident
Two teenagers, both 18-years-old, died in a Sunday evening car crash in Bradenton, FL, according to My Fox Tampa Bay.  […]

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Segway to Pay $10 Million to Connecticut Man

Munley-Law

A Connecticut man was awarded $10 million in a lawsuit against Segway Inc. after the man fell from a Segway he was riding in Sept. 2009 and suffered a traumatic brain injury.  Lawyers for the man claimed Segway staff should have supplied the man with a helmet.

The then 23-year-old man was riding in “the Segway Challenge” during a fundraising event at Southern Connecticut State University for the Special Olympics.  The man rode the obstacle course, that was set up by Segway employees, with a blindfold on. He fell backwards off the Segway, hitting his head on the floor.

Segway employees are asked to wear helmets, however, the employees did not have any helmets available for those participating in the event.  The man’s lawyer claimed that as a result of his brain injury, the accident victim had to drop out of college and has not been able to pursue his dream of becoming a police officer.  […]

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Lawsuits Filed in the Indiana State Fair Stage Collapse

According to CBS News, lawsuits in the Indiana State Fair stage collapse on August 13, 2011, are now moving forward.  In addition to Sugarland, the band that was to perform that evening, producers, stage riggers and others were named in the suits.  Wind gusts over 60 mph caused the stage to collapse prior to Sugarland taking the stage killing seven people and injuring over 40 others.

As bad weather approached the area, fairgoers remained in their seats anticipating Sugarland’s performance.  No word was given as to whether the show would go on.  CBS News reports Sugarland’s contract specified the act had the final say on whether to cancel the concert due to weather.

One joint lawsuit seeks unspecified damages for 44 survivors and family members of four people who died.  Nearly 20 law firms across Indiana, Ohio and Kentucky are representing the interests of the plaintiffs.  […]

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