gallantwarrior
Gold Member
What would you say to a LEGITIMATE claimant who has sustained LEGITIMATE damages in an amount of five million dollars, for medical malpractice, in a jurisdiction that caps settlements/awards for such damages at $250K?
What would you say to that person?
What kind of damages would justify an award of five million dollars?
You would be surprised! Mostly though, in products liability. The problem that plaintiffs (and their attorneys face) is that eveyone pretty much feels that their case is the case of the year. Pain is priceless. Loss of ability to do what you normally do is priceless. The limits of the sky is not enough. I remember one woman who was in an accident and could no longer do her Buns of Steel excercises every morning to the video she bought. She wanted ten million dollars for her loss. That wasn't enough but it might come close.
I sat on a jury once that deliberated medical coverage, loss of "enjoyment of life", and punitive damages. The plaintiff was awarded medical coverage up to the point where she was discharged from treatment for injuries suffered in the accident. She was in court suing the defendent for further treatment, specifically carpal tunnel surgery, which was medically determined to be non-related to the accident. During testimony, it was revealed that she had a history of filing for damages from slip-and-fall accidents, work-related "injuries", and other trifling things. She already had a 20% physical disability awarded from a slip-and-fall in front of a grocery store the previous year. Her "loss-of-enjoyment-of-life" award was $8000. Some of the jurers figured she should get something, but most of us figured she had already gotten plenty.
When her lawyer asked for damages, I guess they were restrained from requesting a certain amount. She went through the "How much would XXX be worth?" thing.
Bottom line, this woman (and her husband) were doing their best to make a living off of lawsuits. Tort reform is needed. Limiting the amount that lawyers can take might help. Making the loser pay would go a long way towards stopping the bullshit.