Another tactic to consider is not to limit awards to the plaintiff, but to limit fees to attorneys. Instead of an absolute cap, we could have a cap on the amount on which a contingency fee could be assessed. For example, if a plaintiff is awarded two million, the plaintiff\’s attorney could be limited to assessing his 40 % on only the first one hundred thousand. This might properly indemnify the plaintiff while still discouraging frivolous lawsuits and lawsuits designed just to create obscene fees for attorneys.(I am not implying that all attorney fees are obscene. Attorneys need to be compensated well for their efforts. There just needs to be some policing here.)
There could also be a combination of these two.
Would it make sense to simply amend the law to cap non-economic damages?
It makes no sense that a law would relieve anyone of the liability for the actual incurred medical expenses.
On the other hand, it DOES make sense (subject to opionions of course) to cap damage awards for \”compensation\” for pain, suffering, inconvenience etc.
Regardless of the law on a tort cap, how can the city refuse to at least pay the incurred medical bills for an accident that they are clearly liable for?
This is the kind of perverted thinking that causes the pendulum to swing so severely in each direction. The trial attorneys are likely to use this to jump on the band wagon to scare people into seeing how \”terrible\” all caps are.
Without caps, one only has to read the paper to see the effects. How many class action suits are you a member of, without having anything to do with them. When all is said and done, you get a coupon good for some useless \”discount\” and the attorneys receive literally millions of dollars. It\’s the new \”fishing hole\” for those attorneys without ethics.
What a shame. It\’s an occupation that used to be considered noble. Now, the entire profession gets tarred with the same wide brush.
My heart truly goes out to this poor woman.
NO amount of monetary compensation can make amends for the literal devastation brought to her life and her family\’s lives.
I find it truly despicable to read things like this where someone suffers for the rest of their life, physically, emotionally and financially due to someone else\’s negligence and the quilty party walks away
without any regard to their responsibility.
Personally, I am in a similar predicament questionably keeping my right arm and the ability to walk. The quilty party lied and smiled as he walked away from the courtroom. The damage to me personally has been in the millions short term and long term not to mention the loss of my quality of life. It is a crime that lawyers and insurance companies think only of monetary awards verses someone\’s life and it\’s quality. Wishing the best for this tragic victim in some recovery of her life and fighting the greed and power that surrounds her.
there should be no cap on economic damages; this is coming from an insurance claims person. However, I do support caps on non economic damages. This story is unfortunate; the responsible parties should be held responsible for at least economic damages, however, no one is going to volunteer to give up statutory protection; doing so could potentially reopen many cases, and destroy the municipality defense of the statute.
I know how well trial lawyers have been villified;I am one, proudly so. I don\’t advertise. I am not a wealthy man, as most believe. I became a lawyer to help others, not to fill my pockets. My clients come to me by word of mouth, from other lawyers, and,yes, sometimes even from physicians.
These severely wounded people, often young children are crippled, blinded, or often paralyzed by another\’s carelessness.
Why is there a battle-cry for caps, when all empirical evidence shows that there is
NO correllation between caps and insurance premiums? Others, many of whom are in the insurance business, have been spinning anecdotal nonsense for decades that the outrageous insurance premiums we all pay are somehow connected to runaway juries, comprised of everyday people like you who hear the evidence and decide the fate of others. It will never be a perfect system, because it is comprised of humans, but noone has yet to devise a fairer, more even-handed way of determining fault and the amount of money damages for injuries just like this poor woman, who asked for nothing more than safe passage across the street by a policeman charged with her reasonable safe passage.
Who would change shoes with this poor soul for any sum of money? When will we all learn that these things don\’t just happen to strangers, it happens to you and your loved ones?
Compensation for economic damages would pay her medical expenses only. Does she have a right to just compensation for her loss of enjoyment of life, pain and suffering. I grow weary at the loss of compassion I see in others who think this will never happen to me or my loved ones. DO you care about your neighbor? Do something to prove it. I can earn a living doing many other types of law. I chose personal injury law to help others. Those of you who are skeptics may believe as you wish. Think about your child tonight and kiss them; tell them you love them each and every night. Pray to God that something so awful as what befell this lovely woman never happens to them. Seek the truth, not the myths promulgated by the rich and powerful. Caps have led to unmentionable consequences for some even worse than this innocent person. Even in the days of old English Common Law, the king could waive his immunity if he chose to. Ultimately, you and I, as taxpayers will shoulder the financial consequences of her medical care, at best. What if she should lose her leg? What is the value of a lost limb? It\’s cost in bone, blood, and meat? Think as we were meant to, to help others. It is the best of what man can do.
Small state small mind. What is something for one is more or less to another. What kind of mentality is running that city. A horrible tragedy for this innocent woman and her family. Would any one of us or the citizens of this city want to be treated this way if it were us wearing the other shoe? I think not. The words and actions of this municipality speak for themselves. Do the right thing for the right reason for more is more and can ease some of their suffering without breaking the bank.
Kill herself! Please… maybe the citizens of that municipality should start a darn fund and help pay that women\’s medical bills, I mean the cap is saving on their taxes isn\’t it? And what the heck, If I lived in that city I\’d want to donate… I mean heck. WHAT IF IT WAS ME?
And I think caps should apply to pain & suffering, but not bills associated with medical aid.
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Another tactic to consider is not to limit awards to the plaintiff, but to limit fees to attorneys. Instead of an absolute cap, we could have a cap on the amount on which a contingency fee could be assessed. For example, if a plaintiff is awarded two million, the plaintiff\’s attorney could be limited to assessing his 40 % on only the first one hundred thousand. This might properly indemnify the plaintiff while still discouraging frivolous lawsuits and lawsuits designed just to create obscene fees for attorneys.(I am not implying that all attorney fees are obscene. Attorneys need to be compensated well for their efforts. There just needs to be some policing here.)
There could also be a combination of these two.
Would it make sense to simply amend the law to cap non-economic damages?
It makes no sense that a law would relieve anyone of the liability for the actual incurred medical expenses.
On the other hand, it DOES make sense (subject to opionions of course) to cap damage awards for \”compensation\” for pain, suffering, inconvenience etc.
Regardless of the law on a tort cap, how can the city refuse to at least pay the incurred medical bills for an accident that they are clearly liable for?
This is the kind of perverted thinking that causes the pendulum to swing so severely in each direction. The trial attorneys are likely to use this to jump on the band wagon to scare people into seeing how \”terrible\” all caps are.
Without caps, one only has to read the paper to see the effects. How many class action suits are you a member of, without having anything to do with them. When all is said and done, you get a coupon good for some useless \”discount\” and the attorneys receive literally millions of dollars. It\’s the new \”fishing hole\” for those attorneys without ethics.
What a shame. It\’s an occupation that used to be considered noble. Now, the entire profession gets tarred with the same wide brush.
My heart truly goes out to this poor woman.
NO amount of monetary compensation can make amends for the literal devastation brought to her life and her family\’s lives.
I find it truly despicable to read things like this where someone suffers for the rest of their life, physically, emotionally and financially due to someone else\’s negligence and the quilty party walks away
without any regard to their responsibility.
Personally, I am in a similar predicament questionably keeping my right arm and the ability to walk. The quilty party lied and smiled as he walked away from the courtroom. The damage to me personally has been in the millions short term and long term not to mention the loss of my quality of life. It is a crime that lawyers and insurance companies think only of monetary awards verses someone\’s life and it\’s quality. Wishing the best for this tragic victim in some recovery of her life and fighting the greed and power that surrounds her.
there should be no cap on economic damages; this is coming from an insurance claims person. However, I do support caps on non economic damages. This story is unfortunate; the responsible parties should be held responsible for at least economic damages, however, no one is going to volunteer to give up statutory protection; doing so could potentially reopen many cases, and destroy the municipality defense of the statute.
I know how well trial lawyers have been villified;I am one, proudly so. I don\’t advertise. I am not a wealthy man, as most believe. I became a lawyer to help others, not to fill my pockets. My clients come to me by word of mouth, from other lawyers, and,yes, sometimes even from physicians.
These severely wounded people, often young children are crippled, blinded, or often paralyzed by another\’s carelessness.
Why is there a battle-cry for caps, when all empirical evidence shows that there is
NO correllation between caps and insurance premiums? Others, many of whom are in the insurance business, have been spinning anecdotal nonsense for decades that the outrageous insurance premiums we all pay are somehow connected to runaway juries, comprised of everyday people like you who hear the evidence and decide the fate of others. It will never be a perfect system, because it is comprised of humans, but noone has yet to devise a fairer, more even-handed way of determining fault and the amount of money damages for injuries just like this poor woman, who asked for nothing more than safe passage across the street by a policeman charged with her reasonable safe passage.
Who would change shoes with this poor soul for any sum of money? When will we all learn that these things don\’t just happen to strangers, it happens to you and your loved ones?
Compensation for economic damages would pay her medical expenses only. Does she have a right to just compensation for her loss of enjoyment of life, pain and suffering. I grow weary at the loss of compassion I see in others who think this will never happen to me or my loved ones. DO you care about your neighbor? Do something to prove it. I can earn a living doing many other types of law. I chose personal injury law to help others. Those of you who are skeptics may believe as you wish. Think about your child tonight and kiss them; tell them you love them each and every night. Pray to God that something so awful as what befell this lovely woman never happens to them. Seek the truth, not the myths promulgated by the rich and powerful. Caps have led to unmentionable consequences for some even worse than this innocent person. Even in the days of old English Common Law, the king could waive his immunity if he chose to. Ultimately, you and I, as taxpayers will shoulder the financial consequences of her medical care, at best. What if she should lose her leg? What is the value of a lost limb? It\’s cost in bone, blood, and meat? Think as we were meant to, to help others. It is the best of what man can do.
Small state small mind. What is something for one is more or less to another. What kind of mentality is running that city. A horrible tragedy for this innocent woman and her family. Would any one of us or the citizens of this city want to be treated this way if it were us wearing the other shoe? I think not. The words and actions of this municipality speak for themselves. Do the right thing for the right reason for more is more and can ease some of their suffering without breaking the bank.
this story is actually about an Alabama woman, not Miss. woman, as headline incorrectly states.
thank you IJ for fixing the headline.
– former news reporter/victim of incorrect headlines
Mr Shapiro you could make more money selling life insurance based on your writing.
As far as im concerned, the only way to make these people see the error in their ways, is for the old lady to kill herself. Prefferably at city hall.
Kill herself! Please… maybe the citizens of that municipality should start a darn fund and help pay that women\’s medical bills, I mean the cap is saving on their taxes isn\’t it? And what the heck, If I lived in that city I\’d want to donate… I mean heck. WHAT IF IT WAS ME?
And I think caps should apply to pain & suffering, but not bills associated with medical aid.