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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Your Guide to Filing a Lawsuit

Munley Law Personal Injury Attorneys Personal Injury Lawyers’ Guide to Filing a Lawsuit

If a company or person has acted in negligence and caused you serious injury, you may file a lawsuit in order to obtain financial compensation from the at-fault party. But filing a lawsuit can be a challenging task. Any slight mistake can cost you the compensation that you deserve or cause further damages. That’s why you need the proper guidance and an experienced team of attorneys. 

Below, we will explain what it means to file a personal injury lawsuit and how to increase your chances of winning.

What does it mean to file a lawsuit?

filing a lawsuit personal injury lawyersA lawsuit is a formal legal case that you or your lawyer files with the court. Filing a lawsuit involves telling the court that the defendant acted negligently and hurt you (the plaintiff). […]

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The Impact of COVID-19 on Nursing Home Abuse

“Staggering” reports reveal COVID-19’s horrific impact on nursing home abuse

When we trust a team of experts to care for our loved ones, we expect kindness and competency. However, nursing home abuse–a form of elder abuse that occurs in long-term healthcare facilities–is on the rise. Nursing home abuse may take many forms ranging from physical to financial abuse. Many families already know what it is like to spot signs of neglect while visiting a loved one in a nursing home. Unfortunately, the coronavirus pandemic makes these problems worse. Visitors cannot visit. Problems slip through the cracks. In many instances, the seniors we love died as a result. Thus, in the past few months, the number of  class action and individual wrongful death lawsuits based on negligent elder care increased dramatically. To understand the risks and what it takes to keep your loved one safe, you need to understand the impact of COVID-19 on nursing home abuse. […]

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Workers’ Compensation and Occupational Illnesses

If your job caused an occupational illness, then you need a workers’ compensation lawyer who will fight for you

Maximize your benefits with the leading workers’ comp attorneys at Munley Law Personal Injury Attorneys

The Bureau of Labor Statistics (BLS), a subdivision of the United States Department of Labor (DOL) tracks the number of workplace illnesses each year. According to the BLS, 2.8 million Americans suffered on-the-job injuries and illnesses last year. Most employees know that they can file for workers’ compensation after suffering a workplace injury. However, many sick workers do not realize that they can get workers’ comp benefits for work-related illnesses as well. For example, employees who are sick with illnesses like black lung disease, asbestosis, and even COVID-19 may be eligible. If your job conditions made you sick, you are entitled to seek workers’ compensation for your occupational illness. […]

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Business Interruption Insurance

Business interruption insurance is designed to cover the loss of income normally earned by a business as a result of the forced suspension of operations. Unlike property insurance, which covers physical damage, business interruption insurance protects against lost income while the business is closed, and during the rebuilding period after the closing. 

Given the current coronavirus pandemic, the Governor of the state of PA, along with governors in many states throughout the country, has issued a state-wide mandate requiring all non-essential businesses to close. As a result, businesses are looking to their business interruption insurance to help them survive. 

Most business interruption policies will cover:

Profits that would have been earned, based on prior financial statements

Fixed costs still being incurred despite the closure

Extra expenses to allow the business to continue to operate until a return to more normal circumstances

Employee wages to allow you to retain your employees

Taxes to allow you to remain current on taxes and avoid penalties

Loan payments 

When businesses are allowed to re-open, […]

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COVID-19 devastates nursing homes locally and nationwide

As the coronavirus spreads through nursing homes, families want answers

The coronavirus pandemic has taken a devastating toll on nursing homes nationwide. Pennsylvania is among the states with the highest number of confirmed cases of COVID-19 among nursing home residents and staff. At least six deaths and ten additional confirmed cases were reported at one Scranton facility. While nursing homes all over the country have reported deadly outbreaks, the full scale of the impact is unknown, as many facilities are not reporting data or are without access to testing.

With many nursing homes short-staffed and struggling to meet standards under normal circumstances, the global pandemic has introduced a new threat that some facilities were ill-equipped to meet. The combination of residents’ physical vulnerability to infection, lack of access to testing, and inadequate safety protections has allowed the virus to spread rapidly, and with tragic consequences.

What’s worse, […]

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How to get tested for COVID-19 in Philadelphia

The landscape of how and where to get tested is evolving, as more drive through test sites are opening up.  But right now, here are your testing options:

 

Abington Hospital, Abington Township

Testing only with a referral from an Abington-Jefferson Health physician.

See more details here.

 

Penn Medicine, West Philadelphia and Radnor locations

Testing available to anyone experiencing coronavirus-like symptoms.  

If you’re a Penn Medicine patient, you should contact your health-care provider for a referral.

If you are not a Penn Medicine patient, you should call their toll-free hotline at 833-983-1350.

See more details here

Temple University, Ambler campus in Upper Dublin Township

Tests by appointment only to people who meet one or more of the following criteria:

Symptoms of sudden illness such as fever, […]

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Bloomsburg Car Accident Lawyer

drugged driving car accident

Have you been injured in a car accident in Bloomsburg? Contact a car accident lawyer at Munley Law Personal Injury Attorneys today for a FREE consultation.

When you or your loved one have been injured in a car accident in the Bloomsburg area, your choice of legal representation matters. The car accident attorneys at Munley Law Personal Injury Attorneys have a long history of winning cases. Our lawyers have earned national recognition for their success, and have been named among the Best Lawyers in America (via Best Lawyers), Pennsylvania Super Lawyers, and the nation’s Best Law Firms (U.S. News and World Report).

For more than 60 years, the car accident attorneys at Munley Law Personal Injury Attorneys have been handling auto accident claims for injured victims and their families in Columbia County and beyond. […]

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Multiple couples sue CHA Fertility Center over embryo mix-up

This week, two couple filed separate lawsuits against the same fertility clinic in California after a devastating mix-up. One mother gave birth to children who turned out not to be her own, and another would find out that her son had been born to someone else.

Father holding his baby

Here’s what happened…

A New York couple had been trying for more than six years to have children of their own. They underwent multiple cycles of in vitro fertilization (IVF), a costly process by which embryos are created using the mother’s egg and father’s sperm, stored and preserved, and then are implanted in the womb, with the hope of a successful pregnancy. After multiple failed cycles, the couple was informed that they finally succeeded, and were expecting twin girls (the embryos they created had been female). The first signs of trouble came when ultrasounds showed two male babies, […]

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Do I need to purchase rental car insurance?

If you’re traveling this summer, you may decide to rent a car for a road trip, or just to explore your vacation destination. When you rent a car, you have the option to purchase rental car insurance at the counter. Is this a good idea, or a waste of money? The answer is that it most likely depends on what kind of insurance you already have, if any. Some drivers absolutely need to buy rental insurance, but others don’t. And chances are you probably don’t need all of the coverages they offer.

Let us explain…

The different rental car insurance options

Liability coverage – Also known as “supplemental liability coverage.” Liability coverage is required in all states. This is the coverage that applies if you hurt someone or damage their property in an auto accident. If you have sufficient liability coverage on your personal auto policy, […]

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Gov’t shutdown halted investigation of deadly crashes

Amid the 35-day partial government shutdown earlier this year, NTSB investigations of deadly crashes were put on hold. At this point, crucial evidence may be lost forever.

On December 22, 2018, the United
States government came to a grinding halt in what would become the longest
government shutdown in U.S. history.  The
shutdown, which was temporarily brought to an end on January 25, 2019, not only
left government workers furloughed or working without pay for 35 days, but also
negatively impacted several federal agencies and organizations.

                One such agency is the National Transportation Safety Board (NTSB).  The NTSB is responsible for determining the probable cause of transportation accidents, promoting transportation safety, and assisting victims of transportation accidents and their families.  Any delay in investigations has the potential to prevent insurance companies from paying claims to victims and their families as well as preventing justice from being served in the event of criminal cases. […]

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Fatigue in the Workplace: A Deadly Occupational Hazard

Generally speaking, American workers aren’t getting enough sleep. In some industries, fatigue at work can be deadly. And some workers are more at risk than others.

hazleton workers compensation lawyerAccording a 2017 NSC report, fatigue is any sensation of tiredness, sleepiness, reduced energy and an increased effort needed to perform tasks. Fatigue can be caused by many factors, the most common being a poor night’s sleep or the product of a grueling work schedule. Fatigue decreases one’s ability to think clearly and can result in dangerous decision-making and reduced productivity. It is important for employers to understand the underlying causes of fatigue in order to minimize and mitigate those factors that affect the health and safety of their employees.

The 2017 NSC report polled workers and the data resulted in nine main fatigue risk factors for employers to note: shift work, high risk hours, demanding jobs, long shifts, […]

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Family of Marine killed in truck crash receives $8M settlement

Representing the Stevens family has been one of the greatest honors of our careers. It has been our privilege to advocate on their behalf and bring this case to a just resolution.  Read more about the case below.

On Monday, the truck accident lawyers at Munley Law Personal Injury Attorneys reached an $8 million settlement in a case stemming from a deadly truck accident in Susquehanna County. The crash claimed the life of 27-year-old Staff Sergeant Andrew Stevens.  Stevens was an active duty Marine and the father of two young boys. He served multiple tours in Iraq and Afghanistan and was in town for his sister’s wedding. His wife Katherine Stevens was represented by Marion Munley, Robert W. Munley, III, and Caroline Munley. The case was scheduled for trial this week before the Honorable John Jones of the United States District Court for the Middle District of Pennsylvania. […]

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Hazleton Pedestrian Accident Lawyer

defective-consumer-product-lawyer-in-scranton-munley-law

You were walking or jogging in Hazleton and, in an instant, everything changed. Something happened and all of a sudden you were on the ground in pain, wondering how you would be able to provide for your family.

You were injured in a pedestrian accident that wasn’t your fault.

Now it is up to you to try to put the pieces back together.

Pedestrian accidents are an all-too-common occurrence. From driver negligence to poor crosswalk engineering, there are numerous factors that can create circumstances in which pedestrians are helpless to avoid being injured. While pedestrian accidents can – and generally should – be avoided with safe driving, they continue to occur on a routine basis. Those who are at fault deserve to be held legally and financially accountable.

pedestrian accidentAt Munley Law Personal Injury Attorneys, we are committed to fighting for injured pedestrians in Hazleton, […]

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Hazleton Catastrophic Injury Lawyer

truck accident lawyer marion munley and truck accident attorney dan munley

If you or a loved one experienced a catastrophic injury as the result of a traumatic accident, it is critical that you get the right legal representation. Our attorneys have decades of experience representing accident victims in Hazleton and throughout Pennsylvania.

A catastrophic injury can impact your life in more ways than most people can comprehend. From chronic pain and limited mobility to physical disabilities and emotional trauma that interfere with your ability to work and enjoy life, suffering a catastrophic injury can truly mean that life will never be the same.

If you or a close family member has been diagnosed with a catastrophic injury as a result of an accident in which another person or company was to blame, you deserve compensation for your injury-related losses. While no amount of money can truly restore what you have lost, asserting your legal rights can be critical to your recovery and your family’s long-term financial stability. […]

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Pottsville Medical Malpractice Lawyer

If you or someone you love suffered due to medical negligence in the Pottsville area, contact a Pottsville medical malpractice lawyer at Munley Law Personal Injury Attorneys for a free consultation

munley law free consultWhen someone suffers harm because of medical mistakes or failure to follow a standard of care, the negligent caregiver should be held responsible.  As the patient or patient’s family member, you may be eligible for financial compensation for your suffering. The medical malpractice lawyers at Munley Law Personal Injury Attorneys can help. For nearly 60 years, our personal injury lawyers have helped people like you who have been harmed by medical errors or negligence.

Medical malpractice cases are often very complex. It is vital that you consult with an experienced medical malpractice attorney in Pottsville to ensure your have the best chance of recovering full and fair compensation for your losses. […]

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Families leading the fight for safer trucks

Who doesn’t want safer trucks? Weighing 80,000 lbs and driven by truckers too often pushed to their physical and mental limits, a tractor trailer barreling down the highway at 70+ mph can cause unimaginable damage in an accident. Still, potentially life-saving measures leading the fight for safer trucks are the people who know too well the devastation these vehicles can cause — the parents of children killed in tractor trailer collisions. Their mission has become to improve safety regulations that can save lives and prevent other families from experiencing the unnecessary loss that they have. However, even when the benefits are obvious and the costs minimal, truck safety regulations stall.

Underride Guards

Two mothers have devoted their lives to advocating for better underride guards after their children were killed in underride crashes. Marianne Karth and Lois Durso both lost their daughters in crashes involving tractor trailers. […]

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Side Underride Guards May Be the Difference Between Life and Death

First-Ever Side Underride Crash Tests

A new crash test from the Insurance Institute for Highway Safety shows exactly how side underride guards on tractor trailers can mean the difference between life and death.

A side underride crash occurs when a passenger vehicle collides with the side of a trailer or heavy truck. The results are grisly. The impact can shear the top of the smaller vehicle and kill the occupants.

The IIHS has long been measuring rear-underride guard effectiveness, but this is the first test of side guards.  Researchers ran two midsize cars into the sides of two semi-trailers at 35 mph. One trailer was equipped with a fiberglass side panel, and the other with the “AngelWing” underride protector from Airflow Deflector, Inc.

Tractor Trailer Side Underride Guard Test Results:

Fiberglass panel – As the above photo shows, the car went right through the panel and became lodged under the trailer. […]

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On the Job Injury Lawyer

scranton-on-the-job-injury-lawyer-munley-law

When you are injured on the job, workers’ compensation exists to cover your medical costs and your lost wages while you’re out of work. However, you may face roadblocks to getting the benefits you need.

If you were injured while on the job, it’s best to consult an attorney about what your next steps should be. For more than 55 years, the Scranton on the job injury lawyers at Munley Law Personal Injury Attorneys have been helping injured workers throughout Pennsylvania get the compensation they deserve.  For decades, our attorneys have earned national recognition for their work on behalf of injured claimants. The legal guide Best Lawyers named Chris Munley Workers’ Compensation Lawyer of the Year, 2016. For a free consultation about your work injury, fill out our email form or call [phone-number] today. We do not collect a fee unless we obtain benefits for you. […]

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Doctors on Probation for Gross Misconduct Still Practicing

hospital infectionWould you want to know if your doctor was on disciplinary probation?

When it comes to a physician’s disciplinary history, patients are kept very much in the dark. Physicians all over the country who have been disciplined for sexual misconduct, drug abuse, and devastating medical mistakes are still practicing, some while on probation, and they are not required to disclose their probationary status to their current patients.

Meanwhile, medical errors 3rd leading cause of death in the U.S.

Recently, Senator Jerry Hill of California authored a bill that would require doctors to inform patients of their probationary status. The legislation didn’t pass.

Is your doctor on probation?

Under current laws, doctors are required to disclose their disciplinary history to the hospital or practice where they work, and to their medical malpractice insurer, but are under no obligation to share this information with patients.  […]

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Munley Law Personal Injury Attorneys Reaches $1.9 Million Truck Accident Settlement

truck

Munley Law Personal Injury Attorneys recently announced a $1.9 million settlement in a case stemming from a tractor trailer accident in 2013. Attorneys Marion Munley, Bob Munley, and Caroline Munley represented plaintiffs Michael Holder, Jr. and Heather Williams whose father Michael Karl Holder was killed in the accident.

On April 10, 2013, at approximately 3:00 a.m., defendant Wilfredo Suarez was driving west on Interstate 80 when at least one tire on his trailer blew out. An electrical system malfunction, due to poor maintenance, caused all of the trailer’s lights to fail. Suarez turned the vehicle around and began traveling east on I-80 at a rate of 12-18 miles per hour, with flat tires and no lights, posing a serious risk to other drivers.

Michael Karl Holder was traveling east on I-80 in Wolf Creek Township, Mercer County, PA, at approximately 3:30 a.m. when he encountered the defendant. […]

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