On 9/19/2011 9:45 AM, Spehro Pefhany wrote:
On Mon, 19 Sep 2011 08:46:31 -0400,
wrote:

On 9/18/2011 7:25 PM, azotic wrote:

wrote in message
...
On 9/18/2011 5:51 PM, azotic wrote:

"Harvey wrote in message
eb.com...

Everyone deserves to be represented by an attorney in court.
The lawyers are not the problem.
The real problem is caused by gullible jurors.


Limiting awards to actual damages would be a big
improvement. No money for pain and suffering.
Juries need to figure out they don't have to award
more than actual damages to be fair.

Best Regards
Tom.



Let me be the devils advocate. You are in an accident that is no fault
of your own. For example lets say you are at the big box buying a box
of nails and a higher shelf collapses on you. You loose six months of
work and live in uncontrollable pain the rest of your life because of
the injuries you received. Would it be OK with you if the big box
insurance picked up the tab for the medical expenses and paid you six
months of lost wages and then you were on your own?

Would money relieve the pain? No. If i got paid for the medical bills and
time lost i would be satisified. People who injur themselves sometimes
suffer pain all thier and lives they and live with it. Lets say a person
cuts
into a high voltage cable to steal the copper and is toasted but survives
should they be able to litigate for pain and suffering?

Best Regards
Tom.

Who said anything about a criminal act? You are minding you own business
and through no fault of your own you receive a serious injury.

A reasonable compromise is to allow juries to award punitive or pain
and suffering damages but cap them at some reasonable multiple of
compensatory damages (say treble or four times) and perhaps also
impose an absolute amount cap (such as $1M).

Agree, limits of some sort make sense.

Current problem is the lawyers who aren't happy with their billing rate
and want to go for the kill. They carefully identify every deep pocket
that could possibly maybe have something to do with whatever the damages
are and whip them into a frenzy to get the gazillion dollar awards.