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.
More information about Damages
Jury awards $175 million in Trinity Guardrail Case
Trinity Industries, the maker of highway guardrails, was found by a jury on Monday to have defrauded the federal government. The jury in Texas, found Trinity liable in the civil lawsuit for violating the False Claims Act, according to CNBC. The jury said that those violations caused the U.S. Government to incur $175 million in damages, as the federal government helps state transportation departments purchase approved products, including Trinity guardrail products, for use on highways across the country. Under the federal False Claims Act, the verdict amount would be tripled to $525 million.
The case was filed by Joshua Harman, a competitor who discovered that in 2005, the company had made changes to a piece of steel in the front of the guardrail without alerting the Federal Highway Administration (FHWA), as is required. Harman’s lawsuit claimed the modifications made by Trinity could be deadly. […]
Read MoreMore information about Damages
Many states concerned over guardrail-related deaths and amputations
Last month, Missouri banned further installation of guardrail heads, joining Nevada who banned further purchases in January, followed by Massachusetts.
Lawsuits claim the guardrails were to blame for at least five deaths and many severe injuries, including loss of limbs, yet the Texas manufacturer, Trinity Industries, denies there is a problem.
The New York Times reported that although federal highway officials in Missouri had long insisted that the guardrails in that state were safe, apparently some guardrail heads had malfunctioned, turning the rails into spears when a car hit and injuring those inside, rather than cushioning the blow.
Although the Federal Highway Administration (FHA) continues to deny there’s a problem, the Daily Beast reported a 2012 email from a senior engineer at the FHA as saying that it’s “hard to ignore the fatal results” of the guardrails. […]
Read MoreMore information about Damages
Another Victory For Munley Law Personal Injury Attorneys
Munley Law Personal Injury Attorneys attorneys deliver successful verdict for injured client
A jury returned a verdict in the amount of $200,500 in favor of Sandra Seamans of New Milford, Pa. on Wednesday, September 10, 2014, following three days of testimony before the Honorable Malachy Mannion. Mrs. Seamans claimed she was injured following a rear-end automobile accident that occurred in 2011 on I-81 South near Exit 223.
The Defendant in the case was Universal Technical Institute and its employee. The verdict awarded damages to Mrs. Seamans for wage loss and pain and suffering resulting from chronic neck and back pain that she suffered in the accident. We are thrilled with the verdict,” said lead attorney, Marion Munley. “Justice was served.”
Sandra Seamans was represented by Marion Munley, Caroline Munley and Julia Munley of Munley Law Personal Injury Attorneys. […]
Read MoreMore information about Damages
Personal injury lawyer recommends steps to take if you are the victim of medical malpractice
Attorneys at Munley Law Personal Injury Attorneys represented an estate and a widow in a medial malpractice case against a hospital in the death of her husband. The suit claimed that the hospital’s nurse did not follow hospital policies nor the surgeon’s orders when she administered a medication when it was not indicated, causing the death of the patient. Last week, a jury awarded the patient’s estate $1.5 million in the medical malpractice case.
According to an article in Pro Publica, a study in a current issue of the Journal of Patient Safety reports that between 210,000 and 440,000 patients each year who go to the hospital for care suffer some type of preventable harm that contributes to their death. That would make medical errors the third leading cause of death in America, behind heart disease and cancer. […]
Read MoreMore information about Damages
GM recalls 8.4 million more vehicles, announces compensation
GM recalled another 8.4 million vehicles on Monday, which included more than 8 million for ignition switch defects. The latest recall brings the total vehicles recalled by GM this year alone to 29 million. U.S. News and World Report mentioned that 17.1 million of the recalled vehicles were because of faulty ignition switches.
Some of the latest vehicles recalled date back to 1997 and extend to 2014 models. According to Forbes, vehicles included in the latest recall include the 1997-2005 Chevrolet Malibu, 1998-2002 Oldsmobile Intrigue, 1999-2005 Pontiac Grand Am and 2003-2014 Cadillac CTS.
The Wall Street Journal reported that the automaker admitted it knew of seven crashes, eight injuries and three fatalities involving the cars recalled for the new ignition switch problems. This was essentially the same problem with 2.6 million recalled Chevy Cobalts and other vehicles linked to 13 deaths and 54 accidents. […]
Read More
