[Avera Law Firm] Caps on Pain and Suffering Damages: Do they work?

[Mark Avera]

Laws that place an arbitrary cap on damages harm those that are severely injured and do nothing to those who may file a lawsuit without merit. Essentially, the legislatures of the various states that have passed such laws pass those laws without hearing any evidence in any particular case. So, in each case, the legislature has determined the maximum amount that a jury can award as opposed to the citizen jury that sits and hears all the evidence and determines the facts. Who do you want deciding your case; politicians or your peers?

The Georgia Supreme Court just determined that such a law is unconstitutional. See what happened to Betty Nestlehutt and why the Court overturned Georgia's law. (Florida has a similar law).

http://www.georgiawatch.org

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Posted By Mark Avera to Avera Law Firm at 3/22/2010 09:07:00 AM