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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Claim of Defective Seats Brings Wrongful Death Lawsuit Against Honda
Lawsuit claims Honda car allowed ejection of passenger who was wearing seatbelt in wrongful death case
A lawsuit has been filed in Texas against Honda Motor Co., Ltd. by the parents of a young woman who died in her 2005 Honda Civic in April of this year, reports the Southeast Texas Record.
The young woman died when she lost control of her car and skidded off the rain slick road. She hit several trees and even though she was wearing a seatbelt, she was killed when her seat collapsed and she was thrown into the back seat.
When you or a loved one gets behind the wheel of a vehicle, you should be able to count on the fact that it has been safely designed and is free from flaws that could result in serious injury, or even death. At Munley, Munley & Cartwright we have successfully handled cases involving injury or death caused by alleged defects such as automobiles, […]
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DEP Makes Marcellus Shale Production Data Available to Public
The Department of Environmental Protection (DEP) has made production data for Marcellus Shale natural gas wells in the state available on their website. Under Act 15 of 2010, Marcellus operators are required to report their well production totals from July 1, 2009 to June 30, 2010. This act overturned previous provisions in the Oil and Gas Act that required production data to be kept confidential for five years.
John Hanger, secretary of DEP, says that by making this information available to the public “a much-criticized layer of secrecy” is removed and the public and government now have “unprecedented access to this information.”
Even though the companies were required to submit the data to the state by August 15, 2010, 18 of the state’s 74 Marcellus Shale operators have not yet complied. Hanger said the department will pursue “whatever enforcement action is necessary to ensure compliance with the law.” […]
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Some Pennsylvania Parks Could Become Marcellus Shale Drilling Sites
The Pennsylvania Department of Conservation and Natural Resources (DCNR) manages and maintains close to 120 state parks. However, Pennsylvania does not own the mineral rights to 80 percent of the land underlying the parks, opening it up to the possibility of the private owners entering into Marcellus Shale lease agreements with gas companies.
Oil and gas companies have already drilled a limited number of wells in some of the state park land in western Pennsylvania. DCNR cannot impose surface-use agreements on the drilling companies to govern their impact on the surface of the parks, due to a 2009 ruling by the Supreme Court, and some fear the increased interest in Marcellus Shale in the parks could result in damage to the landscape.
DCNR Secretary John Quigley says that while the threat to the parks is not immediate, “there are a dozen or fewer parks where drillers or seismic testing firms have expressed interest in accessing the surface to get to the Marcellus Shale.” […]
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Marcellus Shale Drilling Goes International
As companies discover how lucrative the Marcellus Shale region has become, more and more are trying to buy a stake to the rights of the mineral-rich property. Reliance Industries Ltd., India’s largest private-sector company, has just acquired a 60 percent stake in 104,400 Marcellus acres in central and northeastern Pennsylvania.
Reliance, which has already invested $3 billion in the purchase of shale-gas assets in Pennsylvania, believes they could yield close to 3.4 trillion cubic feet of gas. They also anticipate drilling 1,000 wells in the area over the next decade.
Other international investors include companies from France, Norway and Japan.
If you are a property owner whose property has been harmed by natural gas exploration, talk to an attorney who is experienced in Marcellus Gas drilling issues. The attorneys at Munley, Munley & Cartwright represent victims who have been injured through no fault of their own, […]
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Hazelton City Authority Investigates Drilling Rights
The chairman of the Hazelton City Authority (HCA), Phil Andras, is investigating the process of the Marcellus Shale drilling that could soon be moving into the area. Andras wants to ensure that they have the mineral rights for the 7,000 acres that the town currently owns, understand the steps needed to preserve the watershed and “spend some time learning more about the process and about the protections with the state and federal (environmental agencies).”
Andras has proposed enforcing a moratorium on Marcellus Shale drilling on HCA land until the drilling companies can prove “with a very high degree of certainty” that their operations are safe and would have no adverse environmental impact.
Another authority member, Dick Ammon agrees with Andras saying, “we want to make sure whatever’s done, we won’t pay a price down the road.” HCA members have said they are not against drilling, but they do want to ensure their watershed is protected. […]
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Over 1,400 Marcellus Shale Drilling Violations in PA
According to a report released by the Pennsylvania Land Trust Association, drillers in the Marcellus Shale region of the Keystone state have amassed 1,435 violations. The information, based on data between 1/1/2008 and 7/25/2010 from the PA Department of Environmental Protection, identifies 952 of the violations which were judged as having the most potential for direct impact on the environment.
The violations were issued to 43 different drilling companies and included violations such as: Violations of Pennsylvania’s Clean Stream Law, Discharge of Industrial Waste, Improper Construction of Waste Water Impoundments, Inadequate Blowout Prevention, and Improper Construction of Waste Water Impoundments.
Most of the violations, 277 of them, were cited for Improper Erosion & Sediment Plans Developed / Implemented. The report states that Marcellus Shale natural gas well construction requires careful adherence to the implementation of erosion and sediment plans to minimize erosion that could cause harm to the streams and rivers. […]
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Pennsylvania DEP Launches the Marcellus Shale Examiner
The Pennsylvania Department of Environmental Protection (DEP) has launched the “Marcellus Shale Examiner,” a weekly e-newsletter to chronicle the latest news on Marcellus Shale activities. The DEP states, “In the past three years, Pennsylvania has become the epicenter of natural gas exploration with dozens of companies seeking to capitalize on the abundant natural resources in the Marcellus Shale formation. The consequences of this rapidly growing industry affect us all.”
The DEP will use the Examiner to follow the work related to drilling in Pennsylvania the policy makers will be focusing on in the coming months. The policies will range from enacting a severance tax so large drilling firms pay their fair share, to writing laws that could affect landowners’ rights when it comes to drilling on or under their property.
If you are a property owner whose property has been harmed by natural gas exploration, […]
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Hearings to Focus on Marcellus Shale Drilling Moratorium
The Delaware River Basin Commission will hold public hearings in northeast Pennsylvania to determine whether or not to strengthen its moratorium on drilling for natural gas in the river basin. The debate centers on landowners that say they should be able to lease the mineral rights to their land, versus the environmentalists that say the process of drilling for natural gas could pollute groundwater.
The vast Marcellus Shale formation and its lucrative natural gas deposits underlie much of the covered region of the Delaware River basin areas of New York, Pennsylvania, New Jersey and Delaware. The agency has legal authority over water quality and quantity issues in the basin.
The drilling moratorium is in effect until the commission adopts gas drilling regulations.
If you are a property owner whose property has been harmed by natural gas exploration, talk to an attorney who is experienced in Marcellus Gas drilling issues. […]
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Gas Drilling in Williamsport Featured in New York Times
The gas industry has brought big changes to some of the small towns in our area. One such town is Williamsport, PA, the subject of a recent New York Times story about how the drilling industry has affected the people who live there. Many residents are experiencing immediate economic benefits, but are concerned about the long-term effects.
Williamsport and several neighboring communities have attracted gas companies interested in drilling into Marcellus Shale, a geographic region rich with natural gas that stretches through West Virginia, eastern Ohio, Pennsylvania and into southern New York. The shale contains enough natural gas to meet much of the energy needs of the entire Northeast region.
Drilling could bring much-needed money and jobs into the region, but the industrial process of extracting natural gas has raised concerns about the environmental impact, the New York Times reports, as well as questions about the need for greater regulation of the drilling operations in the area. […]
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$82.5 Million Awarded To Blast Victim’s Family
Company found grossly negligent in wrongful death case
As wrongful death attorneys, we deal with the grief and confusion a family feels following the unexpected and unnecessary death of a loved one. It is difficult for family to maneuver through the maze of legalities while mourning the loss of their loved one, especially when the death is that of a young father and husband.
The Star-Telegram reports the family of a 27-year-old man who died of injuries suffered in an explosion at a natural gas processing plant has been awarded $82.5 million by a Harris County (Texas) jury.
In May, 2007, the young man was injured when a hot-oil treater exploded and he died at the hospital the next day. The award will go to his widow and the couple’s three young children, including a son born shortly after his father died.
Exterran Energy Solutions L.P of Houston – […]
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$3.5 Million Awarded In Lawsuit Over Botched Surgery
The Baltimore Sun reports a 53-year-old woman has won $3.5 million in her medical malpractice suit against Vascular Surgery Associates and two of its surgeons following a botched surgery.
In 2007 the woman’s surgery for blocked arteries ended in devastating injuries including damage to her spinal cord which left her a paraplegic. The lawsuit claimed the doctor used an improper grafting technique which led to various injuries including blood loss, and paralysis.
The award included $1.3 million in noneconomic damages, $2 million for future medical bills, and more than $200,000 for prior medical bills.
Our medical malpractice lawyers have decades of experience handling complex cases involving medical errors, misdiagnoses, and hospital infections. We will evaluate your case thoroughly and explore all potential sources of recovery – we fight to protect the rights of patients. If you or a loved one has been harmed by medical negligence, […]
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$1.8 Million Award Against Hyundai Following Teen’s Death
A jury in San Angelo (Texas) federal court has reached a $1.8 million award against Hyundai Motor Company in favor of the plaintiff – the father of a 19-year-old girl killed in 2007, reports GoSanAngelo. The teenager was a passenger in a car driven by her sister when the car veered off the road and rolled over. Although she was wearing a seatbelt at the time of the accident, she was thrown out through the back window of the car because her seat was too far reclined. She was pronounced dead on arrival at the hospital.
In filing the lawsuit, the father of the dead girl hopes to call on the auto industry to correct the design which allows a car to be driven with the seat reclined. Experts testified a car seat reclined past 45 degrees is unsafe and the safest position for the passenger seat is in the upright position. […]
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Parents File Lawsuit After Deadly School Bus Accident
The parents of a teenage boy have filed suit against Autumn Transportation following a crash that injured their son and caused emotional turmoil when his friend was killed in the crash, reports the Connecticut News. The parents are suing on behalf of their son according to Connecticut law since the boy is a minor.
The bus went off the highway after it collided with a Volvo station wagon. The suit alleges the bus company allowed a driver who did not have proper training and licensing to drive the school bus, and further claims the company does not adequately supervise or train its drivers. The bus driver’s license has since been suspended by the Department of Motor Vehicles.
Also named in the suit are the bus driver and the teen driver of the Volvo for failing to take necessary precautions to avoid an accident. […]
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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, the truck driver admitted that he and other Pioneer employees back-dated documents showing that he was qualified to drive a week before the crash. […]
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Doctors Less Likely to Catch Strokes in Women
According to an article from Prevention Magazine, doctors often overlook women’s stroke risk, leaving them more vulnerable to the life-threatening condition than men.
Today researchers are working hard to raise awareness of female risk factors for stroke, also called “brain attacks.”
Dr. Lewis Morgenstern, MD, director of the stroke program at the University of Michigan Medical School, told Prevention, “We all learned in medical school that strokes and heart attacks are male problems. The reality is far different.”
In fact, women aged 45-54 are twice as likely as their male counterparts to suffer a stroke. However, a woman’s symptoms are usually diagnosed slower and treated less aggressively than a man’s.
Don’t allow you or your loved one to loss precious time because of this gender gap! The moments that pass between the stroke’s onset to treatment could be the difference between life and death or permanent impaired. […]
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Follow the Golden Rule . . . Give Notice As Soon As Possible
If you are hurt at work, the most important thing to remember is to report the injury to your employer through your supervisor at the time of the injury. Every injury should be reported, no matter how small you may think it to be. Any injury could potentially become a liability, not only to your health but also to your finances if it is unreported. Telling your employer that you are injured is your responsibility and it is called “giving notice.”
Too many times an employee will feel a “pop” in their knee, a pain in their shoulder or their back, and let it go for days or weeks. Not reporting an incident or injury can allow your employer to deny your claim through their insurance carrier. This can initially prevent your medical expenses and/or wage loss from being paid if the treating physician should later remove you from work due to the injury. […]
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