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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“Textalyzer” Could Help Reduce Distracted Driving
Distracted driving, perhaps the biggest road safety scourge of the decade, is getting worse nationwide.
In Pennsylvania, for instance, distracted driving citations increased by 43% from 2014 to 2015; in our home of Lackawanna County, the number of distracted driving citations skyrocketed from 32 to 115, according to the Scranton Times-Tribune.
Last week, our own Dan Munley was quoted about a recent case in which a Lawrence County judge ruled that a person texting a distracted driver who then got into a crash could potentially be held accountable.
In order to combat this growing problem, some safety advocates have suggested that we begin viewing distracted driving the same way we view drunk driving. While distracted driving does not involve the consumption of an intoxicating substance, distraction can impair your driving ability just as much as alcohol, and it is just as dangerous. […]
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Munley Gets 2nd Highest Settlement in PA
We are pleased to announce that a case we settled earlier this year was one of the top 25 highest settlements in the U.S. in 2015, according to a list published annually by the National Law Journal. It was also the 2nd highest settlement reached in Pennsylvania this year. Check out the digital version here.
In May, 2015, Munley Law Personal Injury Attorneys reached a $3.97 million settlement on behalf of the family of Mark Kowalski, a truck driver who was killed in a tractor trailer accident in 2011. It is our hope that this settlement will bring some security to the Kowalski family, and will put pressure on the trucking industry to improve safety measures to prevent such accidents.
Mr. Kowalski, from New York state, was traveling east on I-80 in Columbia County, PA, when he encountered defendant Patrick Webb, […]
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Robert W. Munley named to the 2015 Irish Legal 100
We are so pleased to announce that our father and founder, Robert W. Munley, has been selected to the Irish Legal 100, an annual honor recognizing the top 100 American lawyers of Irish descent.
Robert W. Munley founded our firm in 1959. Since then, he has had a powerful influence on the legal field in Pennsylvania. A trail-blazer for future attorneys, he was among the very first attorneys in the state to adopt a focus on cases involving injuries and death caused by commercial trucks, and he has been instrumental in the development of the field of truck accident litigation as we know it today.
Among the most important legacies our founder has passed on is his commitment to helping those who need it most. As a plaintiffs’ firm, we are dedicated to obtaining justice for victims of injury and loss. But Robert Munley has always extended his advocacy for the powerless beyond the courtroom. […]
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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, […]
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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 car accident attorneys of Munley Law 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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Dangerous weekend for motorists on I-81 with drowsy and wrong-way driving
A 36-year-old Plymouth man was killed when the Toyota sedan he was driving, collided with a tractor-trailer near the Blackman Street exit of I-81 around 3:45 a.m. on Saturday. The driver of the Toyota was traveling in the wrong direction at a high rate of speed when the accident occurred.
Wrong way driving often results in deadly, high-speed collisions. ABC News reported that wrong way driver accidents are responsible for 1,100 deaths per year. The news organization reported that intoxicated drivers and those over age 80 make up a large percentage of wrong-way drivers and that most wrong way driving accidents occur at night or on the weekends. While cities and states need to work to improve signage on certain roadways, we must also stop drunk driving to help stop wrong-way driving accidents.
Another accident occurred on I-81 in Mahanoy Township late Saturday morning when a 59-year-old woman told police she fell asleep at the wheel, […]
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Not much has changed after concussion lawsuits
We saw another example this weekend of how football coaches allow players to stay in the game with head injuries. Michigan coach Brady Hoke failed to remove sophomore quarterback Shane Morris after he received a crushing blow from a defensive end. Morris appeared dazed, stumbling after the hit. The coaches let him stay in the game for the next play and then removed him, only to return him to the game later for another play.
As this played out on national TV, it raised questions to the necessity of a concussion protocol at the college level, that would bar teams from allowing players with head injuries, and concussion-like symptoms, to continue playing without further evaluation.
CBS Sports reported that in his postgame news conference Coach Hoke said, “I don’t know if he had a concussion or not, I don’t know that. Shane’s a pretty competitive, […]
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Another Victory For Munley Law Personal Injury Attorneys
Munley Law Personal Injury Attorneys attorneys deliver successful verdict for injured client
A jury returned a verdict in the amount of $200,500 in favor of Sandra Seamans of New Milford, Pa. on Wednesday, September 10, 2014, following three days of testimony before the Honorable Malachy Mannion. Mrs. Seamans claimed she was injured following a rear-end automobile accident that occurred in 2011 on I-81 South near Exit 223.
The Defendant in the case was Universal Technical Institute and its employee. The verdict awarded damages to Mrs. Seamans for wage loss and pain and suffering resulting from chronic neck and back pain that she suffered in the accident. We are thrilled with the verdict,” said lead attorney, Marion Munley. “Justice was served.”
Sandra Seamans was represented by Marion Munley, Caroline Munley and Julia Munley of Munley Law Personal Injury Attorneys.
[…]
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Personal injury lawyer warns about aviation dangers
Just this past weekend, two people were killed in a small plane crash in New Hampshire, five in a small plane crash in Colorado, one in Florida, two in Texas, and one off the coast of Virginia among others.
An investigation by USA Today that was reported in the publication this summer talked about the lack of safety and hidden defects linked to small aircraft crashes. USA Today reported that nearly 45,000 people have been killed in crashes of small airplanes and helicopters since 1964. While federal investigators are often quick to blame pilots, USA Today found many instances in which defective parts and dangerous designs were the cause of crashes, deaths, and injuries. The USA Today investigation found that many defects have persisted as manufacturers covered up problems, failed to fix defects and lied to regulators. Apparently, some defective parts remained in use for decades, […]
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How to Protect Yourself from Carbon Monoxide Poisoning
A scare at a Dunmore, PA hotel this past weekend brought attention to the dangers of carbon monoxide (CO) poisoning. According to WNEP News, 200 people were evacuated from the Dunmore Best Western after police said a furnace in the hotel malfunctioned. The Scranton Times reported that between 20 and 30 were taken to area hospitals to be evaluated for possible CO inhalation.
The Centers for Disease Control and Prevention (CDC), reported that every year, nearly 500 people die in the U.S. from accidental CO poisoning. CO is an odorless, colorless gas that can cause sudden illness and death if inhaled.
Where is Carbon Monoxide Found
CO is found in combustion fumes, such as those produced by fuel-burning space heaters, furnaces, charcoal grills, cooking ranges, water heaters, fireplaces, portable generators, wood-burning stoves, and car and truck engines. Normally, the levels of CO produced by these sources aren’t dangerous. […]
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Cost of car crashes shows importance of safety measures
According to a new study released by the U.S. Department of Transportations National Highway Traffic Safety Administration (NHTSA), the price tag of car crashes comes at a heavy burden for Americans at $871 billion in economic loss and societal harm. This includes $277 billion in economic costs, nearly $900 for each person living in the U.S., and $594 billion in harm from loss of life and the pain and decreased quality of life due to injuries.
The study was based on 2010 statistics, which included a staggering 32,999 motor vehicle crash fatalities, 3.9 million non-fatal injuries, and 24 million damaged vehicles. We all know that no amount of money can replace the loss of a loved one or the pain and suffering when you are critically injured in a car crash. These figures show us the importance of a greater investment in vehicle safety, driver education and awareness, […]
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GM Fined $35 Million for Recall Delay
GM will pay the maximum $35 million fine to the United States Department of Transportation for delays in the recall of cars with defective ignition switches. The defect has been linked to 13 deaths and 32 crashes.
The fine is the highest civil penalty ever paid as a result of an investigation into recall problems by the National Highway Traffic Safety Administration (NHTSA). In a released statement, the Department of Transportation (DOT) said that the GM has also agreed to make “significant and wide-ranging internal changes” in how it monitors safety issues.
The DOT reported that GM will need to take part in unprecedented oversight requirements as a result of the findings form the NHTSA’s timeliness investigation regarding the Chevy Cobalt and the automakers’ failure to report a safety defect in a more timely manner.
Federal law requires that all auto manufacturers must notify the NHTSA within five business days of determining that a safety-related defect exists. […]
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NC Woman Dies in Car Accident While Posting to Facebook
The National Safety Council Cell Phone Crash Estimate Model reports that there have been an estimated 333,300 crashes so far this year in the U.S. involving drivers using cell phones and texting, or about one every 30 seconds. A North Carolina woman died behind the wheel of her car last week just moments after posting a Facebook message and hitting a truck head on.
According to police, the woman posted to Facebook and one minute later, a call came in about the crash. The 32-year old woman died after drifting across a grass median and slamming into a truck. An investigation of her online activity also found that she had been posting selfies as she drove. This is a tragedy we see all too often.
The Federal Communications Commission (FCC), stated that mobile communications are linked to a significant increase in distracted driving, resulting in injury and loss of life. […]
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Pennsylvania personal injury lawyer discusses the problem of nursing home abuse
Millions of Americans place their loved ones in nursing homes every year with the belief that they will be well cared for. Unfortunately, nursing home abuse is a very real problem in the United States. From malnutrition to overmedication and mental and physical abuse, there are a variety of ways that residents can be mistreated in a nursing home. An estimated 3.3 million Americans lived in nursing homes in 2013, which translates to 1 in 7 people ages 65 and up and 1 in 5 of those 85 and older. According to the National Center on Elder Abuse (NCEA), Bureau of Justice Statistics, 36% of nursing homes have been in violation of elder abuse laws.
CNN has reported that 90% of nursing home facilities are understaffed, and one in 3 across the country have been cited for nursing home abuse and other related infractions. Demographics show that the incidents of nursing home abuse will likely rise. […]
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What Kind of Training Do Truck Drivers Get in Pennsylvania? The Answer May Shock You. Personal Injury Lawyers Explain:
What makes commercial trucks among the most dangerous vehicles on the road in Pennsylvania? Personal Injury Lawyer explains:
- What does truck driver training have to do with your trucking accident case?
- What are the chances your Pennsylvania Personal Injury Lawyers will settle your case?
- Can you afford to hire Pennsylvania Personal Injury Lawyers for assistance with your case? How much are they going to charge you?
WATCH VIDEO: PENNSYLVANIA PERSONAL INJURY LAWYERS TALK ABOUT TRUCK ACCIDENTS:
Trucking accidents are on the rise. Pennsylvania personal injury lawyers explain why:
Truck drivers are supposed to be fully trained and supervised. This is mandated by the Federal Motor Carrier Safety Administration. The weird thing is, the trucking companies are pretty much in charge of policing themselves. […]
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Most People Will Be Surprised to Hear How Much Money Pennsylvania Personal Injury Lawyers Can Get For a Bus Crash Settlement
Bus Accident Cases are complicated in Pennsylvania – there are many damages you could potentially sue for. Personal injury lawyer explains:
- What damages could you sue for?
- What percentage of bus accident cases do Pennsylvania Personal Injury Lawyers settle?
- What kinds of fees do Personal Injury Lawyers in Pennsylvania charge and when are these fees imposed?
WATCH VIDEO: THE PENNSYLVANIA PERSONAL INJURY LAWYERS AT MUNLEY LAW:
What kinds of damages can Pennsylvania personal injury lawyers recover after your bus crash?
After you or a loved one gets into an accident with a bus or while riding on one, you may be wondering what kinds of damages you could get reimbursed for if your Pennsylvania Personal Injury Lawyers are able to settle your lawsuit for you.
In a Pennslyvania Bus Accident case, […]
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More Than 260,000 Children Injured in Toy-Related Accidents
Toy-related injuries land hundreds of thousands of children in the ER in 2011
A serious accident involving your child is one of life’s most wrenching experiences. A family’s ordeal is compounded if the child’s death or serious injury occurred in a preventable accident caused by an unsafe toy or dangerous product. If you believe your child was injured by a dangerous toy, talk to attorneys who know the law regarding unsafe toys.
A recent report on toy-related injuries by the U.S. Consumer Product Safety Commission says there were 262,300 children treated for toy-related injuries in U.S. hospital emergency rooms in 2011. While most children were treated and released, some suffered serious injuries or even fatal injuries. Thirteen children younger than age 15 died of toy-related accidents in 2011, the consumer product safety commission reported.
Most toy-related deaths were caused by asphyxiation or drowning. […]
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8 Tips for Avoiding Sandy Repair Scams
How to avoid a contracting scam
Pennsylvania residents should be on guard against Superstorm Sandy-related home repair scams.
Unqualified contractors, high-pressure sales pitches and price gouging are on the upswing – and unwary homeowners are paying the price.
The situation has prompted state Attorney General Linda Kelly to issue a consumer warning:
“Natural disasters can be a magnet for scam artists and unscrupulous operators who are more interested in taking money from storm victims than in helping with repairs,” Kelly said. “Consumers should remain vigilant, understand their rights and carefully evaluate any contractors they hire to repair homes or to address other storm damage.
“It is understandable for homeowners to look for speedy repairs, attempting to return to normal activities as quickly as possible, but consumers should not allow the desire for immediate repairs to cloud their judgment regarding contractors.”
Following are 8 tips to avoid falling prey to a shady shingle or siding company:
- Ask all contractors to give you their state registration number, […]
