Loss

What is a Loss?

A loss is the monetary value assigned to an injury or damage in a personal injury claim, including pain and suffering, past and future income, future medical care, at-home assistance, current medical bills, etc.

According to Black’s Law Dictionary, “loss” is defined as “the harm or damage resulting from an injury; the deprivation or detriment to an owner or possessor as a result of a judgment or voluntary transfer of property.” As such, loss is often a broad term in law, encompassing both tangible and intangible impacts as loss can come from a variety of forms of damages.  

Legal principles governing loss aim to provide remedies, compensation, or restitution to individuals or entities adversely affected by wrongful acts, accidents, or adverse events. Loss can include economic loss, personal loss or property loss. The assessment of loss often involves evaluating evidence, calculating damages, and applying legal standards to determine liability and appropriate remedies in civil litigation or legal disputes. As a legal term, loss underscores the importance of addressing and mitigating the impacts of losses through legal recourse and equitable remedies in accordance with applicable laws and judicial principles.

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Car Accident Round-Up – SC Car Crash Kills Four

Car caught fire, however coroner reports victims were killed upon impact

Four Die in Fiery South Carolina Car Crash
Four friends died in a fiery car crash around 5 a.m. last Wednesday morning in Columbia, South Carolina.  The four, who had been out celebrating a birthday, were traveling together in a Dodge Charger on George Rogers Boulevard when their car slammed into the Farm Bureau Insurance building at the Shop Road intersection.  The car became engulfed in flames, but the coroner reports the four died upon impact. The friends were in their early 20’s.  Police are continuing to investigate the accident, however, they believe speed and alcohol may have been contributing factors in the accident.

One Teen Dies, Four Injured in VA Accident
A five-car accident Monday afternoon near Rocky Mount, Virginia has claimed the life of a 17-year-old boy and left three other teens and an adult injured.  […]

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Florida Company Sued in Car Accident Over Driver’s Poor Record

According to NaplesNews.com, the parents of a teen who died in a vehicle accident as he and others were being driven back to their school after competing in a flag football game have filed a lawsuit against the driver’s estate and his employer.  The driver had a poor driving record with over 18 tickets, and the lawsuit alleges the company should not have allowed the man to drive the students.

The accident occurred last month when the driver lost control as he approached a 90-degree turn on Wagon Wheel Road, about three miles west of Turner River Road in Ochopee, Florida.  The vehicle struck a traffic sign and flipped into a canal.  The driver and the teenager died in the accident.  The six other passengers suffered minor injuries.

The lawsuit points out that the driver’s license had been suspended six times, and on the night of the accident his license had been suspended three months.   […]

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Minnesota Family Seeks Damages in Fatal Car Crash

The trustee of a teenager who died in a car crash near Claremont, MN, in 2010 is suing the driver and father of the car the teen rear-ended.  The lawsuit seeks compensation for loss of aid, medical expenses and funeral expenses, as well as other compensation, according to the PostBulletin.com.

The deceased teen was in the second car traveling in a “caravan” of four cars on their way to a football game.  When the driver of the lead car came upon a deer in the roadway he slammed on his brakes causing a chain-reaction collision.  The injuries the teen sustained in the accident were fatal.

The lawsuit alleges the driver of the lead car was driving too fast and should have tapped his brakes to warn those following him of the obstacle in the road.

The suit seeks over $100,000, including $50,000 for “the loss of aid, […]

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Lawsuit Settled in HS Football Player’s Death

A 2006 lawsuit filed by the parents of a Henderson County, KY high school football player who died during practice has finally been settled.  Although the terms of the settlement are sealed, both parties said they were glad to put the dispute behind them.

The lawsuit claimed negligence against several school personnel and a doctor, but the suit dragged on while the insurance companies continued to argue over which one bore the most responsibility, according to Kentucky.com.

The 16-year-old football player died during practice on a hot, humid day in July.  The defendants claimed the teen died due to an underlying cardiac condition.

The father said his son’s death had played a part in changes to state law and athletic regulations that deal with heat.  While he said the settlement was a “bitter pill to swallow,” he also said that without filing the suit they would not have gotten the details surrounding their son’s death. […]

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NJ Man Awarded $4 Million in Overdose of Drug at Party

A New Jersey man has been awarded more than $4 million after he suffered permanent nerve damage when he took the drug Xanax that was obtained illegally from a Ridgewood, NJ pharmacy. The drug was given to him at a 2007 party by a former employee of the pharmacy.

According to NJ.com, the lawsuit was filed against the pharmacy, several guests of the party where the then 17-year-old was given the drug, the party’s host, and the host’s mother. The drug was stolen from the pharmacy.

After the man took the drug he fell into a coma.  However, the guests did not call 911 and waited a while before finally driving him to the hospital.  The man’s nerve damage has impaired his ability to walk and talk, and he is now homebound trying to recuperate.  According to his lawyer, he has been declared incompetent. […]

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Four Men Die in Christmas Day Car Crash

Police suspect speeding during suboptimal conditions to be the cause of crash

Deadly Maine Accident Leaves Four Dead
A tragic Christmas Day car crash in Palermo, Maine, left four men dead – two brothers in one vehicle, and a man and his father-in-law in another.  The Bangor Daily News reports the two brothers were traveling on Route 3 in an SUV that apparently lost control and skidded sideways into the path of the other car, which struck the SUV broadside. All four men died at the scene.  Police are continuing to investigate, but believe the SUV was traveling too fast for conditions after a light snow dusted the roadway.  The brothers were aged 18 and 21-years-old.  The two men were 64 and 83-years-old. 

Two Teens Die in Florida Accident
Two teenagers, both 18-years-old, died in a Sunday evening car crash in Bradenton, FL, according to My Fox Tampa Bay.  […]

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Segway to Pay $10 Million to Connecticut Man

Munley-Law

A Connecticut man was awarded $10 million in a lawsuit against Segway Inc. after the man fell from a Segway he was riding in Sept. 2009 and suffered a traumatic brain injury.  Lawyers for the man claimed Segway staff should have supplied the man with a helmet.

The then 23-year-old man was riding in “the Segway Challenge” during a fundraising event at Southern Connecticut State University for the Special Olympics.  The man rode the obstacle course, that was set up by Segway employees, with a blindfold on. He fell backwards off the Segway, hitting his head on the floor.

Segway employees are asked to wear helmets, however, the employees did not have any helmets available for those participating in the event.  The man’s lawyer claimed that as a result of his brain injury, the accident victim had to drop out of college and has not been able to pursue his dream of becoming a police officer.  […]

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California Family Settles Civil Suit in Vehicular Manslaughter Case

Family receives undisclosed amount of money in vehicular manslaughter case settlement

The Modesto Bee reports the family of a California man who died when he was maliciously struck by a car has been awarded an undisclosed amount of money in a civil lawsuit.  The man’s family sought compensation for wrongful death, loss of financial support, and payment for his funeral expenses.

The lawsuit was brought after the criminal case concluded June 14, 2010, with a jury conviction for felony hit-and-run and misdemeanor vehicular manslaughter in the 2008 attack.  The deceased was found near his north Modesto house after he was hit by a car “with enough force to throw him onto the hood of his car, then off the roof,” according to testimony in the criminal case.  Apparently, the attack was over loud music.

The defense attorney argued that the man acted in self-defense from a drunk and angry man who approached the other man’s vehicle and began climbing up the hood. […]

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Lawsuits Filed in the Indiana State Fair Stage Collapse

According to CBS News, lawsuits in the Indiana State Fair stage collapse on August 13, 2011, are now moving forward.  In addition to Sugarland, the band that was to perform that evening, producers, stage riggers and others were named in the suits.  Wind gusts over 60 mph caused the stage to collapse prior to Sugarland taking the stage killing seven people and injuring over 40 others.

As bad weather approached the area, fairgoers remained in their seats anticipating Sugarland’s performance.  No word was given as to whether the show would go on.  CBS News reports Sugarland’s contract specified the act had the final say on whether to cancel the concert due to weather.

One joint lawsuit seeks unspecified damages for 44 survivors and family members of four people who died.  Nearly 20 law firms across Indiana, Ohio and Kentucky are representing the interests of the plaintiffs.  […]

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New York Man Awarded $1.5 Million After Debilitating Auto Accident

A man who suffered “a permanent, significant physical limitation” as the result of a serious automobile accident on Route 104 in Ontario, New York, has been awarded over $1.5 million by a Monroe County Supreme Court jury.

The man was stopped at a stop light in 2009 when he was hit from behind by another vehicle.  He was diagnosed with acute lumbar spine injuries.  The defendant’s insurance company, State Farm Mutual Automobile Insurance Co., offered to settle the case for $5,000 and refused mediation or arbitration to settle the case, forcing the case into trial.

InsuranceNewsNet.com reports the man was awarded $1.25 million in past, present and future pain and suffering and loss of enjoyment of life, along with $321,250 in past and future medical expenses.

About Munley Law Personal Injury Attorneys
Munley Law is a Pennsylvania accident and injury law firm that represents car accident victims and their families throughout the state of Pennsylvania and the Northeast, […]

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Car Accident Round-Up – PA Woman Dies in Crash

Woman was ejected from the car in the single-car accident

Florida Woman Rescued When Car Plunges into Canal
A Palm Beach County deputy saved a woman from drowning after she crashed her car into a 20-foot-deep canal.  The woman was driving home after working the night shift at Target on Black Friday.  The 36-year-old woman who apparently fell asleep at the wheel near Muck City Road and Conners Highway in Pahokee, FL awoke in the canal and called 911.  She is not able to swim and the deputy arrived in time to pull her to safety.  She was treated at a local hospital and released. 

Fatal NC Accident
An SUV traveling westbound on N.C. 211 unexpectedly slowed and attempted to make a U-turn when it was struck by a tractor-trailer Monday morning.  The driver of the tractor-trailer, traveling behind the SUV, […]

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Ohio Family Awarded $4.2 Million in Medical Malpractice Lawsuit

The family of an Ohio woman who died of a heart attack after being treated at Wheeling Hospital (WV) in 2009 has been awarded $4.2 million by an Ohio County jury.  The lawsuit was filed against Dr. Stephen Heirendt and EMPG of West Virginia, Inc.

The woman went to Wheeling Hospital, complaining of chest pains, where she was treated by Heirendt.  The suit claimed that the doctor did not follow appropriate standards of care, ultimately leading to her heart attack 11 days later.  The woman was 43-years-old.

The family was awarded $1.5 million for sorrow and mental anguish, $1.5 million for loss of services, $300,000 for loss of household services and $872,000 in lost wages.

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 are experienced and successful medical malpractice litigators and we fight to protect the rights of patients.  […]

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Kentucky Woman Awarded Over $800,000 in Tractor-Trailer Crash

A Kentucky woman was awarded more than $800,000 by a Vanderburgh Superior Court jury for injuries she suffered in a 2008 vehicle accident with a Fat Boys Trucking semi.  The tractor-trailer driver was cited for disregarding a traffic signal after he ran a red light at U.S. 41 and Indiana 57 in Evansville, KY and struck the woman’s van.

The woman has been unable to work since suffering knee and shoulder injuries and post-traumatic stress disorder as a result of the accident, according to her lawyer.  The lawsuit was filed seeking compensatory damages against the trucking company.

The woman was traveling westbound on Indiana 57 attempting to turn south onto U.S. 41. when her Dodge Caravan was struck by the semi as it came through the traffic light.  The woman’s van then went to the left, overturning on its side. The truck was hauling over 100 cattle from Kentucky to Kansas.  […]

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GA Men’s Club to Pay $1.75 Million for Over-Serving Alcohol Leading to Deadly Crash

The family of a woman who was killed in a vehicle accident with a drunk driver, who had just left a men’s club in Conley, GA, outside Atlanta, will receive $1.75 million from the club.  The driver had a blood alcohol content of .398, nearly 5 times over the legal limit, at the time of the accident.

The drunk driver was driving his Lincoln Town Car the wrong way on I-20 eastbound in July 2008 and slammed head-on into the victim’s car.  Both drivers died at the scene of the accident. A passenger in the woman’s car died enroute to the local hospital.

The lawsuit alleged that Club Blaze should have known the man was intoxicated and should have stopped serving him.  The jury found that the club over-served alcohol to the man.

If you have been injured or a loved one killed in a vehicle accident that was caused by another person’s carelessness or recklessness, […]

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Nebraska County Found Liable for Accident Due to Poor Signage

A Nebraska jury awarded a 24-year-old Michigan man $407,000 to be paid by Furnas County, Nebraska for the county’s failure to adequately mark a sharp turn in a road where the man crashed his car leaving him with significant injuries.

The judge in the case found the man 40% liable and the county 60% liable. This reduced the amount of the original award of $678,000 for the county. The man was not wearing a seatbelt and was speeding at the time of the accident.  The judge ruled that the signage at the accident site could not be seen at night, and it was placed too close to the 90-degree turn, giving drivers inadequate time to react.

The accident occurred in December 2007, when the man missed the turn and drove off the road causing his car to flip, trapping in the car for hours.  He suffered spinal cord damage requiring multiple surgeries and weeks of hospitalization. […]

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Car Accident Round-Up – Three Die in NY Head-on Collision

Ford Explorer drifts into oncoming lane causing fatal head-on car accident

Three Die in New York Accident
A head-on collision Monday morning between a Ford Explorer and a GMC Jimmy near Bethel, New York killed three people and injured one.  According to police, the Ford Explorer carrying two passengers, was heading east on 17B between White Lake and Fosterdale and drifted into the west bound lanes colliding with the GMC.  The driver of the GMC was wearing his seat belt and his airbag deployed, but he was pinned in the vehicle and died at the scene.  The driver of the Explorer and a back seat passenger, neither of which were wearing their seatbelts, were both ejected and died at the scene.  The front seat passenger was wearing his seatbelt and suffered non-life-threatening injuries. The cause of the accident is still under investigation.

NY Man Arrested for Vehicular Manslaughter After Accident
A Freeport, […]

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Pennsylvania Family Awarded $2.9 Million in DUI-Hit-and-Run

The family of a 14-year-old Bensalem, Pennsylvania girl who was killed in a 2004 hit-and-run crash while she was trying to cross a road has been awarded $2.9 million by a Bucks County judge.  The case was decided without a jury.

The 21-year-old driver that struck the girl was driving with a suspended license and was found to be intoxicated at the time of the crash.  The police did not charge him with DUI-related hit-and-run saying that road condition and other factors, not his drunkenness, caused the crash.  The driver, however, was sentenced to three to six years in a state prison for the accident, and is currently in jail.

The family of the deceased brought a civil trial against the driver and the owner of the vehicle the man was driving.  According to PhillyBurbs.com, the judge awarded the plaintiffs $697,749.92 in wrongful death damages against both defendants; […]

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Car Accident Round-Up – NJ Town Mourns Four Teenagers

Teen driver loses control of SUV killing four of the eight teen passengers in tragic accident

Four Teenagers Die in NJ SUV Accident
In a tragic single-car accident on Sunday, four teenage football players from Mainland Regional High School in Linwood, NJ lost their lives, and four others were injured, as they headed to a team brunch.  The 17-year-old driver apparently lost control of his SUV, on the Garden State Parkway around 11:45am, as he rounded a crest and came upon heavy traffic, causing the vehicle to flip several times, ejecting two of the passengers.  All eight of the boys, aged 15-17 years-old, were riding in the same vehicle.

NC Accident Kills Three Generations of Women
An SUV carrying eight family members on a return trip home to New York, after vacationing in Florida, crashed on I-95 near Raleigh, NC. According to police, […]

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PATCO to Pay $10 Million in Crash Settlement

After only twenty minutes into a car accident trial last week, a recess was called and the two parties came to agreement on a $10 million settlement to be paid by the Port Authority Transit Corp. (PATCO).   The transit authority had admitted before trial that its truck driver was liable for the collision.

A 55-year-old Berlin, NJ man was driving to work in July 2007 when he was struck by a PATCO truck in Philadelphia, PA.  The man had just crossed a bridge into Philadelphia when the PATCO driver ran a red light and shoved the man’s vehicle into a median strip.  The accident resulted in shattered bones and a broken ankle to the driver.

The man has since undergone 12 surgeries and a painful debriding procedure to try to rid the leg of a serious infection which had begun to cause his flesh to rot.  […]

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Car Accident Round-Up – Teens Involved in Serious VA and NY Accidents

Car accidents claim lives around the United States

Teenagers Die in VA Car Accident
A car accident in Portsmouth, VA late Saturday night left two teenagers dead and one seriously injured.  The accident that occurred on Elmhurst Lane near Victory Boulevard apparently was the result of speeding.  The car swerved off the road then struck several trees and a utility pole ejecting two of the occupants and pinning the third in the car.  The two girls that died were 16-years-old. The third occupant, a 17-year-old male, was hospitalized with unspecified injuries.  Police are unsure of who was driving the car.

Former KY Governor’s Son Dead After Single-Car Wreck
According to the Lexington-Herald Leader, former Kentucky governor Julian Carroll’s son, Bradley, died in a single-car accident Sunday in Franklin County, KY.  Carroll was traveling south on US 421 near the Versailles Road overpass when his Ford Explorer went off the right side of the road, […]

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