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
$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. […]
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Ford Motor Company to Pay Paralyzed Woman $23.4 Million
ABC News reports a woman has been awarded $23.4 million by a California jury against Ford Motor Company following a 2007 accident which left her a quadriplegic.
The woman lost control of her Ford Explorer when the tread separated from her rear tire causing her car to roll three times down an embankment. She was left with both of her legs and most of her body paralyzed.
The lawsuit alleged flaws in the 1997 Explorer’s design caused it to lose control when the tire treads separated. Ford argued the accident was caused by worn-out tires.
The jury returned a unanimous verdict for the plaintiff.
If you have been injured or a loved one killed in a vehicle accident that was caused by another person’s carelessness or recklessness, you may be able to recover damages that include medical costs, […]
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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. […]
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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. […]
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$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. […]
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