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.
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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$16 Million Settlement in Texas Tractor-Trailer Wrongful Death Lawsuit
Poorly secured equipment crushes woman’s car in tractor trailer accident
The Fort Worth Star-Telegram reports a $16 million settlement has been reached in the wrongful death lawsuit between the family of a 41-year-old woman and Pioneer Drilling. The woman died in September as a result heavy equipment flying off an 18-wheeler into her car. The equipment was being hauled to a gas-drilling site.
A 24,000-pound counterweight and a 4,000-pound spreader bar fell off the tractor trailer, and the spreader crushed the woman’s car.
Investigators found the equipment was secured by only two chains instead of the four that are required and the driver did not control his speed. Also, the truck driver was a truck driver’s helper and did not meet state and federal safety guidelines to drive an 18-wheeler by alone. In his testimony, the truck driver admitted that he and other Pioneer employees back-dated documents showing that he was qualified to drive a week before the crash. […]
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Personal Injury Hazard Leads to Another Off-Road Utility Vehicle Recall
In cooperation with the CPSC, Bush Hog Off-Road Utility Vehicles have been recalled by the manufacturer, Bush Hog LLC, of Selma, Alabama. About 580 of these vehicles have been sold by Bush Hog dealers nationwide from April 2008 to December, 2008 and costs between $8.000 and $10,000. They were made in the United States.
The recall includes Models TH4400 (Trail Hand) and 4430 4X4 Off –Road utility vehicles and have Bush Hog printed on the cargo bed tail gate and on each side of the cargo bed. The hoods are red, green, or mossy oak.
The vehicle’s throttle cable can lock in freezing temperatures causing the engine not to return to idle when the driver takes his foot off the accelerator pedal, creating a potential loss of control of the vehicle.
Consumers should stop using the product immediately and contact a Bush Hog dealer to schedule a free inspection and repair. […]
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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. […]
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$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. […]
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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, […]
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