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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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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Pennsylvania Nets $4 Million in Avandia Settlement

Pennsylvania will rake in more than $4 million as part of a national settlement with GlaxoSmithKline over unlawful promotion of the diabetes drug Avandia.

The total payout – which will be shared by 37 states – is $90 million.

The settlement follows a flood of accusations that the British-based pharmaceutical company dangerously downplayed Avandia’s cardiovascular risks and side effects.

For more than 40 years, the Pennsylvania injury lawyers at Munley Law Personal Injury Attorneys have helped people who have been harmed as a result of unfair and deceptive business practices.

As part of the consent agreement, GlaxoSmithKline will change how it markets and promotes Avandia by:

  • Not making bogus claims about Avandia;
  • Not making safety claims about Avandia that are unsupported by substantial evidence or clinical experience;
  • Not promoting investigational drugs; and
  • Not misusing statistics or otherwise misrepresenting the nature, […]

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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 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, […]

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Energy Drinks Linked to Injuries and Death

Popular high-caffeine energy drinks sold in hundreds of Pennsylvania grocery stores and gas stations might also be killers.

At least one lawsuit has already been filed.

The mother of a 14-year-old Maryland girl who died of “cardiac arrhythmia due to caffeine toxicity” after consuming large cans of Monster Energy on two consecutive days has sued the product’s manufacturer for causing her daughter’s death, according to The New York Times.

And she is far from the only victim, as records just released by the U.S. Food and Drug Administration reveal.

The list of potential caffeinated killers identified by the FDA include:

  • Monster Energy. Five people may have died over the past three years after drinking Monster Energy, a super-caffeinated beverage sold under names like Monster Rehab, Monster Assault and Monster Heavy Metal. […]

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Portable Generators Recalled Due to Fire Hazard

This is the season for portable generators in Pennsylvania.

But anybody who owns or uses one should check to make sure it isn’t a Champion Power model, which can leak fuel and explode into flames.

On November 2, the U.S. Consumer Product Safety Commission announced a nationwide voluntary recall of close to 9,000 portable generators made by Champion Power Equipment.

Fuel can leak from the generator’s carburetor, creating a fire . There have been 11 reported cases of leakage, including eight fires and two incidents of property damage.

Portable generator usage soared in the wake of Hurricane Sandy – as did awareness of their potential dangers. To date there have been four reported deaths due to carbon monoxide poisoning from portable generators, although it is uncertain that the generators in those cases were the recalled Champion models. […]

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