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?

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

$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 – […]

$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, […]

$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. […]

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. […]

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. […]

$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. […]

$3.5 Million Awarded In Wrongful Death Logging Truck Accident

Speeding truck with faulty brakes causes fatal trucking crash

A Chilton County, Alabama jury has awarded $3.5 million to the family of a man killed when the van he was driving was crushed between two logging trucks, reports the Montgomery Advertiser.

Ken Gorum Trucking and Gary Fruge, the driver of the logging truck, were held responsible for the accident and have been ordered to pay the award. The jury found Fruge was speeding, and the truck had defective brakes, when it crashed into the victim’s van.

The victim’s car was pushed into the logs on the truck in front of him, causing the logs to come through his windshield – one went through his head and killed him. Although the driver claims he was going only 45 miles per hour, evidence suggests he was traveling between 65 and 75 mph.

Progressive Insurance Co, […]

Dakota Urology Clinic Sued for $5 Million in Medical Malpractice

Five plaintiffs are asking for $5 million in damages from the Siouxland Urology Center in Dakota Dunes, SD. claiming negligence, medical malpractice, and intentional infliction of emotional distress.

In the 22 page class-action lawsuit the patients claim Siouxland Urology breached the standard of care by re-using certain disposable medical equipment which caused damages to the patients. Manufacturers recommend the equipment used in cystoscopy procedures be used only once. Siouxland Urology denies any unsterilized equipment ever came into direct contact with patients.

South Dakota Department of Health has ordered the Center to change its cystoscopy practices and the Center is offering a free blood test to check for HIV and Hepatitis for the 5,200 affected patients.

If you or a loved one has been harmed by a form of medical negligence, you may have a medical malpractice claim. Our attorneys at Munley Law Personal Injury Attorneys are experienced and successful medical malpractice litigators and we fight to protect the rights of patients. […]

$11 Million Verdict Awarded For Death of Brain Injury Victim

Largest verdict awarded against assisted living facility in the United States

An Arizona jury has awarded $11 million to the widow of a 36-year-old man with traumatic brain injury who died after ingesting foreign objects at an assisted living facility.

The verdict included $2 million for the decedent, $5 million for the wife and $4 million in punitive damages. Attorneys in the case say it is the largest verdict ever awarded against an assisted living facility in the United States.

It is indeed tragic when a person with a traumatic brain injury (TBI) does not receive proper care. We at Munley, Munley & Cartwright are committed to handling claims of Pennsylvania individuals sustaining traumatic brain injury. We are committed to spending the time with you and your family members to gain a deep understanding for each and every way the injury has affected your life. […]

DriveCam: A Trucker’s Best Friend or Worst Enemy?

We’ve been hearing a lot lately about a product called DriveCam. These little video cameras are starting to pop up in tractor-trailers and commercial vehicle across the country. The camera is mounted near the rear-view mirror and records video and audio 24/7. However, the DriveCam is similar to a black box in that, it only keeps a few seconds of footage before and after an occurrence of “exceptional force” (i.e. hard braking, swerving, collision, etc.).

The company claims that using their product can help other companies identify and improve risky driver behaviors, thus, reducing vehicle damages, workers’ compensation and personal injury costs by 30 to 90 percent. That’s quite a claim. Watch a CNN interview with the CEO of DriveCam here.

Some truckers are against DriveCam, feeling like “Big Brother” is invading the cab. However, some are excited about its possibilities. The camera will capture an adequate history of the event, […]