|
In a recent case, a woman was shopping at the store when a six-pack of long-necked beer bottles fell on her foot. She was wearing socks and sandals. She recovered $87,000 for her pain and suffering, because she suffered from a rare nerve disorder causing her constant pain. Economic damages are able to be calculated, such as medical bills, lost wages, etc., whereas there is no logical way of reckoning pain and suffering. There is no federal limit on pain and suffering damages (although President Bush tried to push legislation through) – state law determines the appropriate remedies for recovery on personal injury. In the majority of states, the sky’s still the limit for pain and suffering damages in a typical personal injury case. About half of the states have enacted some sort of limit to damages for pain and suffering. New Hampshire has a limit of $875,000, as compared to $350,000 in Maryland. Ohio has capped pain and suffering damages at $250,000, or up to 3 times economic damages. However, many of the limits apply only to medical malpractice or products liability cases. There is nothing in the U.S. Constitution that limits awards for pain and suffering. In fact, parties generally have the right to a trial by jury, where average citizens are allowed to decide the award based on their commonsense and what they think is appropriate. This system seems crazy to other countries, but that is the way we do it. In fact, limits on pain and suffering are arguably unconstitutional, because caps can infringe on the right to a legal remedy, trial by jury, and procedural fairness. However, the business community has argued that limits on pain and suffering damages are necessary to stimulate the economy and encourage business growth. |
