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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Wrongful Death Suit Filed After Boy Dies in Go-Kart Accident
Claiming the Horn Rapids Kart Track was negligently designed, maintained and operated, the parents of a 12-year-old boy killed in a go-kart accident there in 2008 have filed a wrongful death suit against the city of Richland, Washington and Tri-City Kart Club which leases the kart track from the city.
The young boy’s kart slid off the track during a hairpin turn, crossed a grassy slope and crashed through a wire cable fence at a high rate of speed. He died of injuries to his neck vertebrae and jugular vein. The boy was an experienced go-kart driver who had won events in his class just weeks before the accident.
Also named in the lawsuit are the mechanics who worked on the go-kart’s brakes immediately before the race, race organizers and the International Kart Federation.
If you or someone you love have been hurt or killed at an unsafe or badly maintained facility, […]
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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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Wrongful Death Suit Filed After Worker’s Electrocution
Nebraska’s York News-Times reports representatives of a 23-year-old York man’s estate have filed a wrongful death lawsuit claiming his work-related death by electrocution on August 21, 2009 was preventable.
The young man was employed by Crane Grain Services LLC when he was injured and later died. According to the suit, an improperly wired flexible cord was being used at the time and the company used damaged ladders and did not train workers on ladder use.
The petition alleges Nebraskaland Electric “failed to provide a 240 GFCI receptacle outlet, failed to provide adequate electrical safety testing, inspecting and supervision for all electrical cords and components attached to the electrical power and failed to remove all unsafe electrical equipment attached to the power source” following electrical work they did at the site.
The estate is seeking damages “for the exclusive benefit” of the deceased man’s young son who has suffered general damages for loss of services, […]
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