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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Munley Law Personal Injury Attorneys Reaches $3.97 Million Settlement in Tractor Trailer Case
(May 2015 – Scranton, PA) – Munley Law Personal Injury Attorneys today announced a $3.97 million settlement in a case stemming from a tractor trailer accident in January, 2011. Plaintiff, Allison Kowalski, whose husband, Mark Kowalski, was killed, was represented by Attorneys Daniel Munley and Marion Munley of the Munley firm.
Mr. Kowalski, from New York state, was traveling east on I-80 in Columbia County, PA, when he encountered defendant Patrick Webb, a Texas truck driver who was also traveling eastbound on I-80. Webb was driving for PBM, a Texas trucking company. The trailer he was hauling was leased to PBM by Republic National Industries of Texas.
Webb lost control of his rig on the snow-covered highway, and his tractor slid off of the road and into the median. Kowalski, who was traveling behind Webb, was unable to avoid a collision with Webb’s trailer which was blocking the eastbound lanes of traffic. […]
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Nov. 16 is World Day of Remembrance for Road Traffic Victims
At Munley Law Personal Injury Attorneys, we know as well as anyone that car accidents, and the tragedies they can leave behind, are all too common. Each year, over 30,000 people are killed in motor vehicle accidents in the United States alone. Hundreds of thousands more are injured. We hear about these incidents every day, but there is nothing routine about the pain and trauma that they can cause. That is why, on November 16, we will pause to remember the victims of traffic accidents and their families.
According to the World Health Organization, The World Day of Remembrance for road traffic victims was first observed in 1993. In 2005, the United Nations endorsed it as a day of remembrance to be observed annually on the third Sunday in November.
All across the United States and the world, there will be parades, […]
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Daylight savings time leads to more accidents
Last weekend, Americans gained an hour of sleep as daylight savings time (DST) ended and the clocks were set back one hour. For most people, the time change means a slight adjustment to our sleep schedules and to the evenings becoming darker earlier. However, the overnight time change can also lead to an increase in car and pedestrian accidents.
Not surprisingly, traffic and pedestrian accidents are more likely to occur in darkness. Loss of daylight means lower visibility, which is especially dangerous for pedestrians. Darkness is also more conducive to drowsy driving, a leading cause of car and trucking accidents.
According to CBS New York, the Monday after clocks are set forward when DST begins in the spring is “one of the deadliest days on the road,” as drivers are more likely to be tired, having “lost” an hour of sleep, or are suddenly making their morning commutes in the dark. […]
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Auto Accidents Caused by Defective Roads
Sometimes it is the road that is at fault in an auto accident. Defective road conditions can cause a driver to lose control of his/her car, leading to an auto accident that can result in serious personal injury or death. But when the road is at fault, who is responsible for your injuries?
Roads in Pennsylvania are the responsibility of either the state or local municipalities. Although Pennsylvania’s Sovereign Immunity Act generally bars suits against the Commonwealth and other government entities, dangerous conditions on highways created by potholes, sinkholes or similar conditions are exempt from sovereign immunity.
The Pennsylvania defective road condition attorneys of [firm-name] believe that when hazardous road conditions lead to accidents, injury, or death, the responsible government agency and/or a private contractor that worked on the road should be held accountable. The victims of accidents caused by unsafe roads deserve full and fair compensation for their injuries and losses. […]
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Many states concerned over guardrail-related deaths and amputations
Last month, Missouri banned further installation of guardrail heads, joining Nevada who banned further purchases in January, followed by Massachusetts.
Lawsuits claim the guardrails were to blame for at least five deaths and many severe injuries, including loss of limbs, yet the Texas manufacturer, Trinity Industries, denies there is a problem.
The New York Times reported that although federal highway officials in Missouri had long insisted that the guardrails in that state were safe, apparently some guardrail heads had malfunctioned, turning the rails into spears when a car hit and injuring those inside, rather than cushioning the blow.
Although the Federal Highway Administration (FHA) continues to deny there’s a problem, the Daily Beast reported a 2012 email from a senior engineer at the FHA as saying that it’s “hard to ignore the fatal results” of the guardrails.
According to The New York Times, […]
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