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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Ford Motor Company Found Negligent in $73 Million Lawsuit

The Sacramento Bee reports a Sacramento Superior Court jury found Ford Motor Company negligent in informing dealers and owners of defective tires on their E-350 Econoline van, and they must pay $73 million for a crash that killed two people and injured two.

The accident happened more than seven years ago in Kern County, CA after the tread on the rear right tire separated causing the van to skid off I-5 flipping at least four times.  Goodyear Tire and Rubber Company, who settled out of court, had contacted Ford alerting them of the tire defect.  Ford did not distribute that information to their dealers or customers.

The auto company must pay $50 million in punitive damages to the families in the suit.  The remaining amount in damages was distributed to the family of a man who died in the accident, and the two others injured.  The family of the second man who died in the accident previously settled their lawsuit. […]

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Kentucky Woman Awarded Over $800,000 in Tractor-Trailer Crash

A Kentucky woman was awarded more than $800,000 by a Vanderburgh Superior Court jury for injuries she suffered in a 2008 vehicle accident with a Fat Boys Trucking semi.  The tractor-trailer driver was cited for disregarding a traffic signal after he ran a red light at U.S. 41 and Indiana 57 in Evansville, KY and struck the woman’s van.

The woman has been unable to work since suffering knee and shoulder injuries and post-traumatic stress disorder as a result of the accident, according to her lawyer.  The lawsuit was filed seeking compensatory damages against the trucking company.

The woman was traveling westbound on Indiana 57 attempting to turn south onto U.S. 41. when her Dodge Caravan was struck by the semi as it came through the traffic light.  The woman’s van then went to the left, overturning on its side. The truck was hauling over 100 cattle from Kentucky to Kansas.  […]

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GA Men’s Club to Pay $1.75 Million for Over-Serving Alcohol Leading to Deadly Crash

The family of a woman who was killed in a vehicle accident with a drunk driver, who had just left a men’s club in Conley, GA, outside Atlanta, will receive $1.75 million from the club.  The driver had a blood alcohol content of .398, nearly 5 times over the legal limit, at the time of the accident.

The drunk driver was driving his Lincoln Town Car the wrong way on I-20 eastbound in July 2008 and slammed head-on into the victim’s car.  Both drivers died at the scene of the accident. A passenger in the woman’s car died enroute to the local hospital.

The lawsuit alleged that Club Blaze should have known the man was intoxicated and should have stopped serving him.  The jury found that the club over-served alcohol to the man.

If you have been injured or a loved one killed in a vehicle accident that was caused by another person’s carelessness or recklessness, […]

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Nebraska County Found Liable for Accident Due to Poor Signage

A Nebraska jury awarded a 24-year-old Michigan man $407,000 to be paid by Furnas County, Nebraska for the county’s failure to adequately mark a sharp turn in a road where the man crashed his car leaving him with significant injuries.

The judge in the case found the man 40% liable and the county 60% liable. This reduced the amount of the original award of $678,000 for the county. The man was not wearing a seatbelt and was speeding at the time of the accident.  The judge ruled that the signage at the accident site could not be seen at night, and it was placed too close to the 90-degree turn, giving drivers inadequate time to react.

The accident occurred in December 2007, when the man missed the turn and drove off the road causing his car to flip, trapping in the car for hours.  He suffered spinal cord damage requiring multiple surgeries and weeks of hospitalization. […]

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Car Accident Round-Up – Three Die in NY Head-on Collision

Ford Explorer drifts into oncoming lane causing fatal head-on car accident

Three Die in New York Accident
A head-on collision Monday morning between a Ford Explorer and a GMC Jimmy near Bethel, New York killed three people and injured one.  According to police, the Ford Explorer carrying two passengers, was heading east on 17B between White Lake and Fosterdale and drifted into the west bound lanes colliding with the GMC.  The driver of the GMC was wearing his seat belt and his airbag deployed, but he was pinned in the vehicle and died at the scene.  The driver of the Explorer and a back seat passenger, neither of which were wearing their seatbelts, were both ejected and died at the scene.  The front seat passenger was wearing his seatbelt and suffered non-life-threatening injuries. The cause of the accident is still under investigation.

NY Man Arrested for Vehicular Manslaughter After Accident
A Freeport, […]

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