October 14, 2010 (Press-News.org) A recent lawsuit filed by a Texas resident injured in an August 2008 collision with a Missouri truck driver seeks several types of compensation for the resulting harm. Tyriska Olivera filed a civil suit against driver Mark A. Koenig and his employer, Freddie's Trucking, for injuries she sustained in the violent crash that allegedly occurred when Koenig failed to yield the right of way and struck her car.
Ms. Olivera alleges that Mr. Koenig failed to brake in a timely manner, failed to maintain control of the truck and was speeding at the time of the accident. Freddie's Trucking is facing vicarious liability (employer liability for employee conduct) for negligently entrusting Koenig with the truck and failing to properly train its drivers.
Ms. Olivera's suit seeks compensation for a range of both special and general damages.
What Are Special Damages?
Legally speaking, special damages are those that can be quantified with a specific dollar amount, often easy to determine because an exact sum of money has already been spent on the expenses. Examples of special damages that Ms. Olivera seeks are:
- Medical expenses
- Lost wages / loss of earning capacity
- Property damage
What Are General Damages?
General damages, on the other hand, are more difficult to value. These damages are not based upon "out-of-pocket" expenses like special damages are, but require the assignment of an exact dollar amount to a subjective injury, like distress or embarrassment. General damages Ms. Olivera asks for include:
- Physical pain and suffering
- Mental anguish
- Physical impairment
- Physical disfigurement
If you have been injured in a motor vehicle accident like Ms. Olivera (or in another type of accident), you should seek medical attention as soon as possible. After tending to your wounds, consult with an experienced personal injury attorney in your area to learn more about your legal rights and options.
Article provided by Law Offices of Michael G. Guajardo, P.C.
Visit us at www.guajardolawfirm.com
Special and General Damages May Be Appropriate for Injured Victims
A recent lawsuit filed by a Texas resident injured in an August 2008 collision with a Missouri truck driver seeks several types of compensation for the resulting harm.
2010-10-14
ELSE PRESS RELEASES FROM THIS DATE:
Baby Boomers and Bankruptcy: Understanding the Benefits
2010-10-14
A study published in the September 2010 issue of the American Bankruptcy Institute's ABI Journal shows that a disproportionate percentage of recent bankruptcy petitioners have come from the Baby Boom generation. The study, "Aging and Bankruptcy Revisited," was based on data from as far back as 1994, and found that 42 percent of individual bankruptcy filers in 2007 were between the ages of 45 and 64. The growth in bankruptcy applicants over 55 is outpacing the aging of the American population, with an increase of 61 percent over a five-year period starting in 2002.
There ...
Florida Foreclosure "Rocket Docket" Leaves Homeowners Behind
2010-10-14
Rodney Walters and Terri Reese have lived in their Jacksonville area home since 2006. The couple and their four children were recently ordered out of the home by a judge in Florida's new so-called "rocket docket" foreclosure courts.
The New York Times reports that the couple faces a predicament common in Florida: they owe approximately twice as much on their house as it's worth.
Walters and Reese fell behind on their mortgage two years ago after property taxes jumped.
Something else that they have in common with other Florida homeowners facing foreclosure: they ...
How and Why to Document a Workplace Injury for Ohio Work Comp Claims
2010-10-14
When you are injured on the job, you may realize immediately that you will be unable to work. Or, you might only feel a slight twinge. Whether your workplace injury happened after a catastrophic workplace accident or a muscle pull that limited your range of motion so that you cannot complete daily work tasks, you need to report your injury as soon as possible to be eligible for workers compensation benefits through the Ohio Bureau of Workers Compensation (BWC).
Ohio Bureau of Workers Compensation Provides Tips to Report a Workplace Injury
The BWC suggests several ...
Nine Nurses Arrested in New York Nursing Home Abuse Case
2010-10-14
Nine nurses at a Troy, New York, nursing home face 175 counts of failing to properly care for an incapacitated patient and falsifying records to conceal their alleged nursing home abuse .
The North Country Gazette reports that the nine worked at the Northwoods Rehabilitation and Extended Care Facility in Troy. Each faces charges of endangering the welfare of an incompetent or physically disabled person, willful violation of health laws, and falsification of business records.
The nine new indictments bring the total in the nursing home abuse scandal to 14. Five previous ...
Deepwater Horizon Owners Turn to Old Law Used in 'Titanic' Case
2010-10-14
We've all heard about the oil spill in the Gulf of Mexico and the efforts by BP to cap the well, contain the oil, and clean the Gulf. In the wake of the tremendous economic loss to the region, many have forgotten about the original fatal maritime accident on April 20 and the eleven lives lost that day. But to the survivors of the explosion and the families of those who died, the initial accident remains the paramount concern.
With a catastrophe of this size, lawsuits are inevitable. What may surprise many is that Transocean, the owner of the sunken Deepwater Horizon ...
Caregiver Sentenced to Prison in Bed Sore Death Case
2010-10-14
In a terrible case of nursing home abuse, Jean Rudolph died from untreated bed sores that had burrowed all the way to her bone. Rudolph, who previously taught others about care giving as a nursing educator, suffered for 22 days without sufficient care.
Effie Tutor, a caregiver at the Houghton Lakeview adult home in Washington, was sentenced to 31 months in prison for Rudolph's preventable death. Tutor's inaction included repeatedly ignoring residents while chatting on the Internet to her overseas boyfriend. Her attorney argued she was not properly trained and was afraid ...
NTSB Safety Recommendations Frequently Disregarded
2010-10-14
Whether traveling by plane, train, car or boat, Americans rely on the National Transportation Safety Board (NTSB) to help ensure their safety. The NTSB is an independent federal agency with the mission to promote transportation safety. A major part of its work includes conducting safety studies and investigations to determine the probable cause of transportation accidents. The NTSB then issues its recommendations to agencies and industries that are encouraged to adopt them.
As it turns out, the NTSB's suggestions are often ignored.
Examples of Unheeded Warnings
Over ...
Passenger Van Safety Concerns Raised Again
2010-10-14
Passenger Van Safety Concerns Raised Again
The early October crash in Georgia of an overloaded 15-passenger van is raising awareness of the dangers of the vehicles.
Four people in a church group died in the crash; another 15 suffered injuries when a tire blew out on the 1987 van, causing it to overturn. CBC News reported that the vehicle flipped several times, ejecting occupants.
An Appeal to Pull the Vehicles off Roads
The single-vehicle crash came just three days after two Canadian mothers who lost sons in van accidents appealed to transportation ministers ...
New Lawrenceville Clinic Near Gwinnett Medical Center Offers Free Community Care to Local Residents
2010-10-14
Rodriguez MD, a new Lawrenceville clinic and bilingual Lawrenceville family practice near Gwinnett Medical Center recently offered free community care to local area residents. On September 10 - 11, 2010 the medical practice offered free walk-in health checks for all ages and sports physicals for kids under 18. Patients who attended the event were able to learn about their health and how to obtain proper care if a problem is identified.
"Health screenings can detect problems that would otherwise go unnoticed," explains Neville Street, the practice's Administrative Director. ...
Foster Care Associates Rated Outstanding in Ofsted Inspections
2010-10-14
Foster Care Associates (FCA) has reaffirmed its status as the UK's leading independent fostering agency through the publication of recent Ofsted inspection results.
Assessing the quality and standard of services provided in its North West and South West regions, Ofsted judged each category and the region as a whole as 'Outstanding' - a fantastic achievement for the fostering agency. The inspectors found extensive evidence to underpin their judgment, particularly from children and young people and the agency's foster carer colleagues.
The results further support the ...
LAST 30 PRESS RELEASES:
Researchers create ‘virtual scientists’ to solve complex biological problems
AI-Powered brain stimulation at home could enhance concentration, new research finds
Carbon-based molecules open new pathways for quantum sensing
Immunotherapy for leukemia may affect the bone marrow environment, cancer researchers find
World’s largest tropical peatlands revealed to be more than 40,000 years old
Pick up the pace of your daily walk to boost longevity, experts say
Normal hormone levels trigger severe depression in some women; researcher discovers mechanism
Mexican neuroscientist identifies glutamate biomarker predicting schizophrenia treatment success
Living brain tissue reveals 80% of genes behave differently than assumed
How much time did our ancestors spend up trees? Studying these chimpanzees might help us find out
Discovery of role of gut hormone in chronic diarrhoea could aid development of new tests and treatments
New discovery reveals the spinal cord’s role in bladder control
Kākāpō decline reveals threat of parasite coextinction
Astrocytes identified as hidden culprit behind PTSD
Offering self-collection kits in routine GP appointments could prevent 1,000 women a year from developing cervical cancer
European study offers clearer picture of childhood brain tumor survival
The Lancet: Three in five liver cancer cases due to preventable risk factors; obesity-linked cases on the rise, new analysis suggest
Tiny artificial cells can keep time, study finds
How aging quiets lupus and brings relief to some older patients
Research alert: Synergistic treatment approach supercharges cancer immunotherapy
White veteran high users of online portal generate and exchange more messages than certain patient minorities in the Veterans Health Administration
Web-based tool helps Michigan physicians navigate diabetes coverage and prior authorization
Most primary care patients with opioid use disorder who start treatment stay engaged
U.S.-born Latinos have higher rates of obesity compared to foreign-born Latino and white youth
Study finds veterans experiencing homelessness who gain housing are more likely to get colorectal and breast cancer screenings
Body fat percentage beats BMI in predicting 15-year mortality risk among U.S. adults ages 20 to 49
Umbrella review summarizes family physicians’ experiences with clinical integration
HEAL protocol addresses human trafficking in Brazilian primary care
Study finds uneven progress toward diabetes goals across patient groups in the enhanced primary care diabetes program
Veterans experiencing homelessness who secure housing more likely to get cancer health screenings
[Press-News.org] Special and General Damages May Be Appropriate for Injured VictimsA recent lawsuit filed by a Texas resident injured in an August 2008 collision with a Missouri truck driver seeks several types of compensation for the resulting harm.