Opponents of state-imposed statutory limitations on injury damages argue that those ideas area a bunch of hogwash. It is easy to dispute that many frivolous cases are making a killing. In fact, going through formal litigation is extremely expensive, almost prohibitively so. In order to even risk it, a plaintiff has to be very confident that he or she will succeed. Plaintiff’s attorneys will argue that frivolous cases do not end up getting any compensation at all. They believe that legitimately injured parties are routinely under-compensated because insurance companies know that the victims will want a quick settlement in order to help pay for the costs of being injured.
Opponents of limitations on damages will also argue that the court system was designed to make a jury of our peers the decision-makers. To arbitrarily set a limit of say, $250,000 would be an enormous miscarriage of justice as an award for a victim who had their entire life destroyed by the negligence of another. If a victim is damaged to the extent of a million dollars, (which takes a life-changing amount of harm) why not allow them to recover an amount that will make them whole? Why take the power away from a jury system that has worked in the United States for hundreds of years and give that power to a disconnected few who are paid by lobbyists who are paid by insurance companies who profit by paying out lower amounts so that they can offer lower prices and attract more business? Are we sacrificing the good of one for the small benefit of many? Perhaps.
Both sides of this argument are compelling. Currently, many states do have hard caps set on noneconomic damages. Utah has a cap on noneconomic damages in medical malpractice claims; that cap is currently set at $450,000. If you or a loved one believe you have a possible medical malpractice claim, an attorney can review your claim for free and advise you as to your best course of action.
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This article is offered only for general information and educational purposes. It is not offered as and does not constitute legal advice or legal opinion. You should not act or rely on any information contained in this article without first seeking the advice of an attorney.
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