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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Volkswagen Recall Reveals Scam, Hurts Germany’s Reputation
Last week, we heard yet another story of a major automaker intentionally deceiving the public and the government.
Volkswagen has been ordered by the Environmental Protection Agency to recall nearly half a million diesel powered vehicles in the U.S. due to a software designed to cheat emissions tests. The software in the vehicles detects when an emissions test is being performed, and will reduce smog emissions during the test, making the car appear to be more environmentally friendly than it actually is. During normal driving time, the vehicles can emit up to 40 times the amount of nitrous oxide allowed by the Clean Air Act.
For a year, VW claimed that this discrepancy was the result of technical errors, but last week they admitted that the software was designed to intentionally cheat the tests.
Affected models include: diesel versions of the Jetta, […]
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It’s Parks and Recreation Month! Follow These Tips to Avoid a Park Injury
July is National Parks and Recreation Month, according to the National Recreation and Park Association.
Parks can be wonderful for both physical and mental well-being. In addition to providing space for recreation and exercise, spending time outside in nature is good for one’s psychological health, according to a study recently published in the New York Times. But, parks and playgrounds can also be the scenes of serious falls or injuries. Take a look at these safety tips and reminders to help make sure that your next trip to the park goes smoothly.
Falls
Every year more than 200,000 injuries occur on playgrounds or in parks, and falls are the most common type of playground or park injury. Playground falls can result in sprains, broken bones, or traumatic head injuries like a concussion. Proper supervision can help reduce the risk for falls. […]
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Precarious Situations: Why Ladders Cause So Many Injuries
Do you use a ladder at your job? Whether it is just once in a while or as part of your everyday job duties, one mistake can result in a serious fall.
Falls are among the most common types of work-related injuries, and many of these occur on step ladders, expansion ladders, straight ladders, and combination ladders. Approximately 90,000 people are treated in the emergency room for ladder-related falls each year, and almost 1,000 of those falls are fatal. Even if you are comfortable getting up on a ladder as part of your job, accidents can happen to anyone.
Jobs with the Highest Risk for Falls
Not surprisingly, the occupations most at risk for a fall from a ladder include roofers, painters, electricians, construction workers, service and repair technicians, and other skilled trades that require physical labor, climbing, […]
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Amtrak Investigation Continues, Lawsuits Begin
Deadly Amtrak crash still under investigation, attorneys concerned over 1997 damages cap of $200M
Four passengers and one of the conductors on board the derailed Amtrak train 188 have filed lawsuits against Amtrak as the investigation continues. Amtrak service between Philadelphia and New York resumed this morning with Michael Nutter, mayor of Philadelphia, there to see passengers off.
Speculation as to the official cause of the crash is still going on
Was an object hurled at the train moments before the crash? Does it matter? While the object may not have done damage to the train itself, some say it could have alarmed, distracted, or even wounded the conductor, who says he has no memory of the crash or the final moments leading up to it. A“black box” data recorder will give a more accurate reading of the train’s speed, […]
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Watch your step! Lawyers warn, it’s slip and fall season
It’s slick out there today. Winter in our home region of Northeast Pennsylvania means the roads, parking lots, and sidewalks are likely to be slippery this time of year.
Slip and fall injuries are more common than you might think – according to the National Floor Safety Institute, 8 million people end up in the emergency room each year as the result of a fall. Slip and fall incidents are also the leading cause of workers’ compensation claims and lost days from work.
The results of a slip and fall can be very serious. Injuries can range from sprains and bruises to broken bones, back, neck, spine, or brain injuries.
Elderly people are even more at risk for falls. The New York Times recently published a fascinating two-part series titled, “After the Fall,” illustrating the risks faced by America’s aging population, and how a fall can be a life-altering event. […]
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