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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Victims Win Record Pennsylvania Wrongful Death Truck Accident Settlement
The victims of a 2010 Pennsylvania wrongful death truck accident recently agreed to a record $26.1 million settlement of their claims against the truck driver, the truck company and other defendants. The accident occurred on June 6, 2010, on Interstate 80 East when a tractor-trailer rear-ended a Toyota Matrix that was stuck in traffic for road construction. One occupant of the Toyota, the driver’s father, was fatally injured. Two others, including the driver, received serious, life-threatening injuries. Two dogs in the car were also killed.
The driver of the tractor-trailer, who apparently was speeding, said the sun was in his eyes; however, the sun was actually behind him at the time. Because the driver’s recollection of the accident appeared fuzzy, it was alleged that he may have been driving drowsy or even fallen asleep at the wheel, though this was never proven.
Pennsylvania Wrongful Death Actions
The victim of a truck accident has the option to file a personal injury accident lawsuit to recover compensation for any injuries. […]
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Ford and Toyota Issue Recalls
Ford Motor Company and Toyota Motor Sales have both issued recalls for vehicles. Toyota issued a voluntary safety recall involving 2006 to early 2011 model year RAV4 and 2010 model year Lexus HS 250h vehicles sold in the U.S. Ford’s recall is for its 2013 Escape SUVs.
Toyota Recall
Toyota reports in its press release of the recall:
“Toyota has determined if the nuts on the rear suspension arm are not tightened following the proper procedure and torque specification during a rear wheel alignment service, excessive play may occur at the threaded portion of the arm, followed by rust formation. If this were to occur, the threaded portion of the rear suspension arm may wear and cause the arm to separate.”
The National Highway Traffic Safety Administration (NHTSA) notes that failure of the rear tire rod could cause a loss of vehicle control, […]
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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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