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.

More information about Damages

Car Accident Round-up — Cell Phone/Text Messaging Implicated In S.C Teen’s Death

Distracted driving is a leading cause of car accidents in the United States

Cell Phone/Text Messaging Involved In S.C Teen’s Death

South Carolina State troopers say a high school senior was killed when her Honda Accord crossed the center lane and hit the rear tires of a log truck’s trailer which was traveling in the opposite direction. The accident happened in Beaufort County. Witnesses say the student appeared to be looking down at the time of the accident and information retrieved from her phone shows she was reading and sending text messages while driving home from school. She had read a text less than a minute before the first 911 call was made, reports WITN.com.

One Dead and One Injured In Fiery Salt Lake City Crash

It is not yet know if a woman died from her injuries after her Mazda sedan hit a pickup truck in downtown Salt Lake City or if she died from the flames when her car caught fire after the impact, […]

Read More

More information about Damages

Car Accident Round-Up — Two SC Students Killed in Head-On Wreck

Nissan Pathfinder hits car head-on attempting to pass on the highway; kills both passengers in tragic accident

Two Charleston Students Killed In Car Accident

Two Charleston students are dead after a car accident Dec. 29 night in Aiken county, SC. Officials say 22-year-old Katie Scott and 24-year-old Alexander Bush died from injuries in the crash, according to news reports. Aiken County Coroner Tim Carlton says a Pathfinder driven by another South Carolina motorist hit the couple head-on as he tried to pass a car on Highway 302.

Two Massachusetts Drivers Killed in Head-On Accident

Two women were killed in a two-car accident Thursday night in Westport, MA, according to a news site. The Massachusetts State Police determined the driver of a Hyundai SUV drove the wrong way on Route 88 and struck a Toyota pickup head-on.  Drivers of both vehicles were killed, […]

Read More

More information about Damages

Car Accident Round-up — A Car Crashes At President Bush’s Texas Home

Bush family was home but not in danger

Car Crashes Onto Lawn At President Bush’s Home In Texas

A man who was visiting one of President Bush’s neighbors crashed into the front lawn of the president’s residence, reported abcNEWS/U.S. A Secret Service spokesman said the driver was questioned and released. The Bushes were home but never in danger.

Teenager Dies In Car Accident In California

A 19-year-old was the victim of a car accident this week in Sacramento County after she pulled her car into the path of a pickup truck, reported The Sacramento Bee. Tavernor Road has stop signs in both directions at Clay Station Road where the accident happened. At this time it was unclear if she stopped and then entered the intersection or if she slowed and rolled into the intersection.

Florida Restaurant Closes Temporarily Following Car Accident

Examiner.com reports the “Two Blondes and a Shrimp” restaurant in downtown Sanford was closed after a small blue sedan jumped onto the sidewalk and came to a stop when it ran into the restaurant after hitting several other buildings. […]

Read More

More information about Damages

Top Trial Lawyers Share Their Winning Strategies

Attorneys Marion Munley and Matt Cartwright attended the American Association for Justice’s annual Weekend with the Stars in New York City December  9-11, where they joined with the nation’s preeminent trial lawyers, sharing winning strategies and techniques.

This year’s Weekend with the Stars “kicked-off” with a seminar devoted entirely to the DePuy Hip Implant Recall. This past August, DePuy Orthopedics, Inc. (A subsidiary of Johnson & Johnson) recalled the ASR Hip Resurfacing and the ASR XL Acetabular Systems, which came on the market in July 2003.

About 93,000 of the medical devices have been recalled due to increased rates of failure and elevated levels of cobalt and chromium, which leads to metallosis. It is estimated that one in 8 patients who received one of these DuPuy hip implants may need revision or a second hip replacement surgery.

Contact Our PA Car Accident Lawyers Today! […]

Read More

More information about Damages

Preliminary Truck Crash Data For 2009 Released

Preliminary statistics on 2009 tractor trailer crashes have just been released. The Large Truck and Bus Crash Facts: Early Release is based on crash data from the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA), as well as preliminary total vehicle miles traveled (VMT) data from the Federal Highway Administration.

Among the highlights:

  • Of the 286,000 police-reported crashes involving large trucks in 2009, 2,987 (1 percent) resulted in at least one fatality, and 51,000 (18 percent) resulted in at least one nonfatal injury.
  • Single-vehicle crashes made up 20 percent of all fatal crashes, 16 percent of all injury crashes, and 35 percent of all property damage only crashes involving large trucks.
  • Almost two-thirds (64 percent) of all fatal crashes involving large trucks occurred on rural roads, and just over one-fourth (26 percent) occurred on rural and urban Interstate highways. […]

Read More

More information about Damages

Car Accident Round-Up — Seven Injured In 3-Car Wreck In South Carolina

Car accidents around the country

WCSC TV in Charleston, South Carolina reports a 1995 Nissan with five passengers hit a 2006 Nissan which was waiting for another car to turn left, shortly before 6 p.m. in Moncks Corner on U.S. 17 near Old Gilliard Road Wednesday night. The 2006 Nissan then hit a Ford large passenger van which had stopped in front of it. Seven people, most of them teenagers, were taken to hospital, but none had life-threatening injuries.

“Coughing Fit” Causes Power Outage In Tallahassee

Fallschase shopping plaza suffered a power blackout this week when a driver lost control of his car and tore through some power lines, reports WCTV in Tallahassee. According to the report, the driver of the Lincoln Navigator, he had a coughing fit and ran off Buck Lake Road and flipped onto the service road for the shopping plaza. […]

Read More

More information about Damages

Car Accident Round-Up — Car Crashes Into Mississippi Salon

No injuries sustained in salon car accident

Car Crashes Into Salon In Mississippi

Salon Lefleur in Jackson was surprised when a woman drove her car into the building early Thursday morning, reports clarionledger.com. There were no injuries, but the salon and a restaurant next door were damaged. The woman was driving toward the salon when her foot slipped off the brake and the front of her car crashed into the wall separating the salon and restaurant.

California Woman Killed In Early Morning Crash On I-880

An early morning crash in San Leandro has taken the life of a 40-year-old- Oakley woman reports the Oakland Tribune. The woman lost control of her 2010 Subaru in the early morning hours and veered into the center median, then the shoulder of the freeway – hitting barrels and finally coming to a stop perpendicular to traffic. […]

Read More

More information about Damages

Driver Dies In Crash – Widow Sues Business For Serving Too Much Alcohol

Pennsylvania’s The Times Tribune reports the widow of a 29-year-old man killed in a one-car accident in February has filed a wrongful death lawsuit alleging businesses over-served her husband alcohol.

The suit was has been filed against Valley Bowling Lanes Inc., Champion’s Lounge, Inc., and Bowl Credit, Inc., Carbondale Twp; and Chico’s Lounge Inc., Mayfield and alleges the businesses should have known her husband was intoxicated and unable to drive home the night of his accident.  It states the businesses’ bartenders, bouncers and/or managers failed to fulfill their responsibilities.

A minor son is also named as a plaintiff in the lawsuit which is seeking more than $50,000 plus interest and other court costs in addition to punitive damages.

The Scranton, Pennsylvania attorneys of Munley Law Personal Injury Attorneys have years of experience representing the survivors of wrongful death victims.   […]

Read More

More information about Damages

Car Accident Round-Up — All Is Not ‘OK’ When Text Messaging Before Car Wreck

Distracted driving including text messaging is a leading cause of car accidents

Homeless Man Dead After Thanksgiving Accident With Jackie Autry’s Car

The widow of former Angels owner Gene Autry says the Thanksgiving night event which left a homeless man dead was an accident, reports the Los Angeles Times. She was driving home from a Thanksgiving dinner and traveling about 25 mph when she hit a man who crossed the street with no lights and wearing black clothes. She called 911 but the man died about an hour later, the paper reported.

Forty Plus Car Accidents In Delaware County Due To Winter Weather

Wednesday’s brutal weather, which followed months of above average temperatures, brought over 40 car accident reports to police departments in Delaware County, reports the starpress.com.  Injuries, roll-overs, and vehicular entrapments were reported, but no fatalities.

Two Car Fatal Accident Closes Route 29 in Easton, […]

Read More

More information about Damages

New Jersey Man Receives $2 Million in Yamaha Snowmobile Accident

The Daily Record reports a Sparta man will receive $2 million from Yamaha following a snowmobile accident.  The judge added $900,000 to the $1.1 million award from the jury.

In February of 2005, when the now 61-year-old man borrowed his friend’s 1995 Yamaha VX600V-R snowmobile, the engine started to hesitate.  While he and another friend lifted the rear of the snowmobile, the owner revved the engine with the throttle in an effort to clear the spark plugs.  The metal track broke and shot out of the rear of the snowmobile and ripped through the victim’s right leg.

Efforts to save the 75 percent severed leg were not successful, and the man’s leg was amputated above the knee a few days after the accident.

In the product liability trial, the jury awarded $1,107,000 for pain and suffering, economic losses, and medical expenses.  The man’s attorney filed a motion for an “additur” with the judge which was granted and raised the award another $900,000. […]

Read More

More information about Damages

Escalator Injury Involving Crocs Leads to Multimillion-Dollar Lawsuit

According to Knoxnews.com, the father of a 4-year-old girl whose foot was mangled in an escalator because she was wearing the popular shoe by Crocs, Inc. has settled his multimillion-dollar lawsuit against the company.

In 2006, the Colorado-based company began receiving complaints from parents over the rubber shoes and related escalator injuries.  Studies have shown Crocs and their imitators “appear to be prone to entrapment when pressed against the (side) skirt guard of step riser while standing on the yellow line of an escalator.”  Children are at greater risk because their shoes are smaller and thinner.

To the lawsuit was attached a letter by Crocs stating it intended to place warning tags on its shoes by Christmas 2006.  It didn’t.  Since that time there have been hundreds of accidents which may have been avoided had the warning been put on the shoes.

Injuries range from a bloody sock to severed toes. […]

Read More

More information about Damages

Car Accident Round-Up

Car accidents around the United States

SUV Rollover Results in Fatality

A 20-year-old woman died in a single car crash on I-95 near Springfield, Virginia, after the car in which she was a passenger struck the jersey barrier throwing her from the vehicle.  The driver of the vehicle, the woman’s mother, was injured but her injuries were not believed to be life threatening.   Virginia state police believe the driver lost control of the SUV while traveling in the far right lane, then overturned across all four lanes of the road before the vehicle came to a stop against the jersey barrier.

Man Dies After Being Ejected from Car in Head-On Collision

The Cullman Times reports that a Cullman County man and his dog were killed when the car they were riding in collided with a dump truck.  The impact from the head-on collision ejected the man from his vehicle.  […]

Read More

More information about Damages

Graco Drop Side Cribs Recalled Due to Entrapment and Suffocation Hazards

The U.S. Consumer Product Safety Commission (CPSC) and LaJobi announced a voluntary recall of 217,000 Graco®-branded drop side cribs. The recall includes Graco drop side wood cribs sold throughout the United States from February 2007 through March 2010. Owners of these cribs should stop using any of the recalled products immediately.

When a product is not safe and fails to contain an adequate warning, and you or a family member suffers personal injury, or death, as a result of these defects, you may be entitled to legal relief. You should be able to trust that the product you are using is safe and that you have been given proper warning of any risks the product poses.  At Munley, Munley & Cartwright we understand the complexity of product liability laws and the challenge of proving a case, and we can help you get the compensation you deserve.

The recall has been made due to the hazards posed to an infant or toddler in the crib if the drop side hardware breaks or fails resulting in the drop side detaching from the crib. […]

Read More

More information about Damages

Pooling May be Forced on Marcellus Shale Area Residents

The Marcellus Shale natural gas industry is lobbying for legislation that would force property owners in the Marcellus Shale region to allow drilling for natural gas on their land if other property owners approve the request but they refuse.  Referred to as “forced pooling,” the pooling order would set forth the terms and conditions of the forced lease, such as compensation for the reluctant property owner.

The purpose of pooling is to group adjoining mineral rights leases to form a larger drilling unit, and according to the industry, results in more economical drilling.  Property owners with mineral rights would lease his or her interest in exchange for a royalty share. In Pennsylvania, the industry wants to add the statute to the severance tax to be adopted by the state.

If you are a property owner and you are opposed to drilling on your property, […]

Read More

More information about Damages

$82.5 Million Awarded To Blast Victim’s Family

Company found grossly negligent in wrongful death case

As wrongful death attorneys, we deal with the grief and confusion a family feels following the unexpected and unnecessary death of a loved one.  It is difficult for family to maneuver through the maze of legalities while mourning the loss of their loved one, especially when the death is that of a young father and husband.

The Star-Telegram reports the family of a 27-year-old man who died of injuries suffered in an explosion at a natural gas processing plant has been awarded $82.5 million by a Harris County (Texas) jury.

In May, 2007, the young man was injured when a hot-oil treater exploded and he died at the hospital the next day.  The award will go to his widow and the couple’s three young children, including a son born shortly after his father died.

Exterran Energy Solutions L.P of Houston – […]

Read More

More information about Damages

$3.5 Million Awarded In Lawsuit Over Botched Surgery

The Baltimore Sun reports a 53-year-old woman has won $3.5 million in her medical malpractice suit against Vascular Surgery Associates and two of its surgeons following a botched surgery.

In 2007 the woman’s surgery for blocked arteries ended in devastating injuries including damage to her spinal cord which left her a paraplegic. The lawsuit claimed the doctor used an improper grafting technique which led to various injuries including blood loss, and paralysis.

The award included $1.3 million in noneconomic damages, $2 million for future medical bills, and more than $200,000 for prior medical bills.

Our medical malpractice lawyers have decades of experience handling complex cases involving medical errors, misdiagnoses, and hospital infections. We will evaluate your case thoroughly and explore all potential sources of recovery – we fight to protect the rights of patients.  If you or a loved one has been harmed by medical negligence, […]

Read More

More information about Damages

$1.8 Million Award Against Hyundai Following Teen’s Death

A jury in San Angelo (Texas) federal court has reached a $1.8 million award against Hyundai Motor Company in favor of the plaintiff – the father of a 19-year-old girl killed in 2007, reports GoSanAngelo.  The teenager was a passenger in a car driven by her sister when the car veered off the road and rolled over.  Although she was wearing a seatbelt at the time of the accident, she was thrown out through the back window of the car because her seat was too far reclined.  She was pronounced dead on arrival at the hospital.

In filing the lawsuit, the father of the dead girl hopes to call on the auto industry to correct the design which allows a car to be driven with the seat reclined.  Experts testified a car seat reclined past 45 degrees is unsafe and the safest position for the passenger seat is in the upright position. […]

Read More

More information about Damages

Parents File Lawsuit After Deadly School Bus Accident

The parents of a teenage boy have filed suit against Autumn Transportation following a crash that injured their son and caused emotional turmoil when his friend was killed in the crash, reports the Connecticut News. The parents are suing on behalf of their son according to Connecticut law since the boy is a minor.

The bus went off the highway after it collided with a Volvo station wagon. The suit alleges the bus company allowed a driver who did not have proper training and licensing to drive the school bus, and further claims the company does not adequately supervise or train its drivers. The bus driver’s license has since been suspended by the Department of Motor Vehicles.

Also named in the suit are the bus driver and the teen driver of the Volvo for failing to take necessary precautions to avoid an accident. […]

Read More

More information about Damages

Homeless Man Awarded $41,000 for Fraternity Shooting Incident

A homeless man who was shot with a .22 caliber rifle by an Oregon State University fraternity member has been awarded over $6,000 for medical expenses and $35,000 in non-economic damages, totaling over $40,000.

The jury found both the Association of Alpha Beta Chapter of Alpha Gamma Rho (AGR) and a former member responsible for the 2006 shooting, according to news reports. The national organization was not held responsible.

Witnesses testified that the fraternity members were known to shoot BB guns from the fraternity building windows and had talked about shooting homeless people with BB guns, news reports stated. After a search of the fraternity house, police found more than 24 firearms. The guns are allowed according to the AGR guidelines as long as they are securely locked.

The individual found liable in the case testified he was aiming at a dumpster and not the homeless man. […]

Read More

More information about Damages

$4.4 Million Awarded to Family In Automobile Wrongful Death Case

Department of transportation and subcontractor negligent for car accident

A Utah 4th District Court jury has awarded the family of a man killed in a traffic accident in 2006 almost $4.4 million, reports The Salt Lake Tribune.

Due to state law caps on damages against the state and the victim’s share of the responsibility, the award will be reduced by almost $2 million.

The family of the Payson man sued the state Department of Transportation and a subcontractor for failing to post appropriate signs warning of traffic delays as they were working on the reconstruction of a bridge. The man was killed as he came over the crest of a hill and tried to swerve to miss the driver ahead of him who slammed on his brakes to avoid hitting cars stopped because of the bridge project. He crashed his vehicle and died 13 days later. […]

Read More
Search
Categories
Archives
LCA
PA Bar Association
top 100
Super Lawyers
Best law firms
best lawyers
top 1% of trial lawyers
av
Irish Legal
BBB Accreditation Badge The information contained on this website does not create an attorney-client relationship nor should any information be considered legal advice as it is intended to provide general information only. Prior case results do not guarantee a similar outcome.
844-686-5397