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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Boy’s Parents Awarded $22.3M In Medical Negligence Suit
The Chicago Sun-Times reports a Cook County jury has awarded the parents of a 10-year-old boy $22.3 million in a medical negligence case that resulted in the loss of the boy’s leg shortly after his birth.
The young boy was born in May 1999 with a congenital heart defect which required a shunt procedure performed at Advocate Christ Medical Center/Hope Children’s Hospital in Oak Lawn, Illinois. Two weeks after being sent home, the parents returned the infant to the emergency room.
The lawsuit alleged his left leg had to be amputated due to mistakes made in the operating room. The child also suffers from cognitive deficiencies and developmental delays alleged to be caused by the delayed treatment and cardiac catheterization.
The jury found the hospital and staff were negligent in failing to diagnose the infant’s shunt problems in time and subjecting him to an unnecessary catheterization. […]
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$4.4 Million Awarded to Family In Automobile Wrongful Death Case
Department of transportation and subcontractor negligent for car accident
A Utah 4th District Court jury has awarded the family of a man killed in a traffic accident in 2006 almost $4.4 million, reports The Salt Lake Tribune.
Due to state law caps on damages against the state and the victim’s share of the responsibility, the award will be reduced by almost $2 million.
The family of the Payson man sued the state Department of Transportation and a subcontractor for failing to post appropriate signs warning of traffic delays as they were working on the reconstruction of a bridge. The man was killed as he came over the crest of a hill and tried to swerve to miss the driver ahead of him who slammed on his brakes to avoid hitting cars stopped because of the bridge project. He crashed his vehicle and died 13 days later. […]
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$3.5 Million Awarded In Wrongful Death Logging Truck Accident
Speeding truck with faulty brakes causes fatal trucking crash
A Chilton County, Alabama jury has awarded $3.5 million to the family of a man killed when the van he was driving was crushed between two logging trucks, reports the Montgomery Advertiser.
Ken Gorum Trucking and Gary Fruge, the driver of the logging truck, were held responsible for the accident and have been ordered to pay the award. The jury found Fruge was speeding, and the truck had defective brakes, when it crashed into the victim’s van.
The victim’s car was pushed into the logs on the truck in front of him, causing the logs to come through his windshield – one went through his head and killed him. Although the driver claims he was going only 45 miles per hour, evidence suggests he was traveling between 65 and 75 mph.
Progressive Insurance Co, […]
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$16 Million Settlement in Texas Tractor-Trailer Wrongful Death Lawsuit
Poorly secured equipment crushes woman’s car in tractor trailer accident
The Fort Worth Star-Telegram reports a $16 million settlement has been reached in the wrongful death lawsuit between the family of a 41-year-old woman and Pioneer Drilling. The woman died in September as a result heavy equipment flying off an 18-wheeler into her car. The equipment was being hauled to a gas-drilling site.
A 24,000-pound counterweight and a 4,000-pound spreader bar fell off the tractor trailer, and the spreader crushed the woman’s car.
Investigators found the equipment was secured by only two chains instead of the four that are required and the driver did not control his speed. Also, the truck driver was a truck driver’s helper and did not meet state and federal safety guidelines to drive an 18-wheeler by alone. In his testimony, […]
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Personal Injury Hazard Leads to Another Off-Road Utility Vehicle Recall
In cooperation with the CPSC, Bush Hog Off-Road Utility Vehicles have been recalled by the manufacturer, Bush Hog LLC, of Selma, Alabama. About 580 of these vehicles have been sold by Bush Hog dealers nationwide from April 2008 to December, 2008 and costs between $8.000 and $10,000. They were made in the United States.
The recall includes Models TH4400 (Trail Hand) and 4430 4X4 Off –Road utility vehicles and have Bush Hog printed on the cargo bed tail gate and on each side of the cargo bed. The hoods are red, green, or mossy oak.
The vehicle’s throttle cable can lock in freezing temperatures causing the engine not to return to idle when the driver takes his foot off the accelerator pedal, creating a potential loss of control of the vehicle.
Consumers should stop using the product immediately and contact a Bush Hog dealer to schedule a free inspection and repair. […]
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