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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$322 Million Awarded To Man Over Asbestos Exposure
Negligent companies were aware of the cancer-causing nature of their asbestos product
In what is believed to be the largest award in a single plaintiff’s asbestos case, a jury has awarded $322 million to a 48-year-old man who is suffering from asbestosis and has to be on oxygen 24 hours a day.
The jury awarded $300 million in punitive damages and $22 million in actual damages and found the defendants were liable for defectively designing their product and failing to provide an adequate warning to workers.
The lawsuit, filed against Chevron Phillips Chemical Company and Union Carbide Corp., states the man worked in the oil field from the age of 16 in 1979 to the mid-1980s and mixed an asbestos drilling additive. It was during this time, the lawsuit claims, he inhaled the harmful substance.
The drilling mud was manufactured by Union Carbide and sold by Chevron Phillips. […]
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Nine-Car Accident Causes Injuries in MA
Reckless driver weaving between lanes causes nine-car accident
Fatal Car Accident In Woodford County, Kentucky
The driver of a Volkswagen Jetta ran a red light and ran into a Mercedes at the intersection of Falling Springs Boulevard and McCowans Ferry Road around 8:00 p.m. on Tuesday, according to Lex18.com. One person in the Mercedes was killed and another in that car was taken to the hospital with life-threatening injuries. The driver of the Volkswagen was taken to the hospital with non life-threatening injuries.
Traffic Snarled Following Three Car Accident in Michigan
U.S. 23 north of Lee Road in Green Oak Township was the scene of a three car accident around 4:30 p.m. on Tuesday. Traffic was slowed on both sides of the freeway and one person in the accident was taken to the hospital. Michigan State Police are still investigating the accident in which one vehicle ended up on the southbound side of U.S. […]
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Fiery Crash in NY Kills One Teen, Injures Four
Speeding suspected to be the cause of the fatal teen crash
Teen Pulled From Burning Car after Fiery Crash In N.Y.
One teen is dead and four are injured following a Wednesday night crash in Rush, N.Y. Speed is suspected in the crash where the vehicle overturned and caught fire. One man heard the car go by, and then heard the crash. He rushed to the scene in his truck and was able to pull one girl out by cutting her seatbelt, saving her life. All she remembers of the incident is swerving, panicking, and calling her mom to tell her she had been in an accident. Most of the five teens grew up together.
Iowa Man Killed In Head-On Collision
A 61-year-old man was pronounced dead at the scene of an accident on I-80 Wednesday night when a van crossed over the median and crashed with his Chevy HHR, […]
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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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