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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Pennsylvania Family Awarded $2.9 Million in DUI-Hit-and-Run

The family of a 14-year-old Bensalem, Pennsylvania girl who was killed in a 2004 hit-and-run crash while she was trying to cross a road has been awarded $2.9 million by a Bucks County judge.  The case was decided without a jury.

The 21-year-old driver that struck the girl was driving with a suspended license and was found to be intoxicated at the time of the crash.  The police did not charge him with DUI-related hit-and-run saying that road condition and other factors, not his drunkenness, caused the crash.  The driver, however, was sentenced to three to six years in a state prison for the accident, and is currently in jail.

The family of the deceased brought a civil trial against the driver and the owner of the vehicle the man was driving.  According to PhillyBurbs.com, the judge awarded the plaintiffs $697,749.92 in wrongful death damages against both defendants; […]

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Car Accident Round-Up – NJ Town Mourns Four Teenagers

Teen driver loses control of SUV killing four of the eight teen passengers in tragic accident

Four Teenagers Die in NJ SUV Accident
In a tragic single-car accident on Sunday, four teenage football players from Mainland Regional High School in Linwood, NJ lost their lives, and four others were injured, as they headed to a team brunch.  The 17-year-old driver apparently lost control of his SUV, on the Garden State Parkway around 11:45am, as he rounded a crest and came upon heavy traffic, causing the vehicle to flip several times, ejecting two of the passengers.  All eight of the boys, aged 15-17 years-old, were riding in the same vehicle.

NC Accident Kills Three Generations of Women
An SUV carrying eight family members on a return trip home to New York, after vacationing in Florida, crashed on I-95 near Raleigh, NC. According to police, […]

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PATCO to Pay $10 Million in Crash Settlement

After only twenty minutes into a car accident trial last week, a recess was called and the two parties came to agreement on a $10 million settlement to be paid by the Port Authority Transit Corp. (PATCO).   The transit authority had admitted before trial that its truck driver was liable for the collision.

A 55-year-old Berlin, NJ man was driving to work in July 2007 when he was struck by a PATCO truck in Philadelphia, PA.  The man had just crossed a bridge into Philadelphia when the PATCO driver ran a red light and shoved the man’s vehicle into a median strip.  The accident resulted in shattered bones and a broken ankle to the driver.

The man has since undergone 12 surgeries and a painful debriding procedure to try to rid the leg of a serious infection which had begun to cause his flesh to rot.  […]

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Car Accident Round-Up – Teens Involved in Serious VA and NY Accidents

Car accidents claim lives around the United States

Teenagers Die in VA Car Accident
A car accident in Portsmouth, VA late Saturday night left two teenagers dead and one seriously injured.  The accident that occurred on Elmhurst Lane near Victory Boulevard apparently was the result of speeding.  The car swerved off the road then struck several trees and a utility pole ejecting two of the occupants and pinning the third in the car.  The two girls that died were 16-years-old. The third occupant, a 17-year-old male, was hospitalized with unspecified injuries.  Police are unsure of who was driving the car.

Former KY Governor’s Son Dead After Single-Car Wreck
According to the Lexington-Herald Leader, former Kentucky governor Julian Carroll’s son, Bradley, died in a single-car accident Sunday in Franklin County, KY.  Carroll was traveling south on US 421 near the Versailles Road overpass when his Ford Explorer went off the right side of the road, […]

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San Diego Man Awarded $2.4 Million in Asbestos Exposure Lawsuit

A San Diego Navy Veteran who was diagnosed in 2010 with mesothelioma, an asbestos-caused cancer, was awarded $2.4 million in damages after his disease was found to be attributed to his work in ship boiler rooms.

The lawsuit, filed against John Crane, Inc., claimed the plaintiff was exposed to asbestos while serving in the Navy from 1961 to 1971 in his work in the maintenance and repair of boilers, pumps and valves.  The suit claimed John Crane made some of the asbestos-containing packing material and gaskets in the equipment.

The total damages of about $2.4 million include nearly $1.4 million in noneconomic damages and $450,000 for loss of consortium.  The jury found John Crane five percent liable, the Navy and insulation companies 57 percent at fault, some manufacturers and suppliers 37 percent at fault.  The plaintiff himself was found to be one percent at fault. […]

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