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 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 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 said they were glad to put the dispute behind them.

The lawsuit claimed against several school personnel and a doctor, but the suit dragged on while the 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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