Benchmark on personal injury damages, I disagree
06.20.08 (8:38 am) [edit]
In brief account, tort law is a broad concept that covers personal injury situations. It covers cases of negligence, intentional inflictions and strict liability.
On the practical side, people can potentially be involved in injury situations, at any time, at any time and under any circumstances. With this fact, instead of withholding or enforcing a ceiling on tort damages, sufficient protection to victims must be wage by the government in the matters of law and compensation entitlement.
The lawblog with the heading, "Limiting Claims on Personal Injury: A Tortuous Attempt? ", can relate to this proposition as where the author opined in disagreement in the implementation of a ceiling or a cap in determining compensation for personal injury cases.
In arguing its disavowal to the tort reform, the author contends that the change is all throughout unjust, considering that, each injury is different from another. Putting a cap on the amount of monetary payment will leave those injured severely in disadvantage especially in their chances of a fair compensation.
Secondly, the author expresses the view that instead of setting boundaries, let the court decides on the amount of damages.
Lastly, the author related that claims must be based on allegations properly proved in court with no ceiling limit imposed whatsoever.
The United States tort reform has become a contentious political issue, especially now with the upcoming election. US tort reform advocated the limitation of the number of claims to be filed by the victim, and the capping the awards of damages.
To my mind, this cap or ceiling in the damages awards is not only unjust but also impractical and discriminatory.
Cases are relative, same as the award of damages.
On the practical side, people can potentially be involved in injury situations, at any time, at any time and under any circumstances. With this fact, instead of withholding or enforcing a ceiling on tort damages, sufficient protection to victims must be wage by the government in the matters of law and compensation entitlement.
The lawblog with the heading, "Limiting Claims on Personal Injury: A Tortuous Attempt? ", can relate to this proposition as where the author opined in disagreement in the implementation of a ceiling or a cap in determining compensation for personal injury cases.
In arguing its disavowal to the tort reform, the author contends that the change is all throughout unjust, considering that, each injury is different from another. Putting a cap on the amount of monetary payment will leave those injured severely in disadvantage especially in their chances of a fair compensation.
Secondly, the author expresses the view that instead of setting boundaries, let the court decides on the amount of damages.
Lastly, the author related that claims must be based on allegations properly proved in court with no ceiling limit imposed whatsoever.
The United States tort reform has become a contentious political issue, especially now with the upcoming election. US tort reform advocated the limitation of the number of claims to be filed by the victim, and the capping the awards of damages.
To my mind, this cap or ceiling in the damages awards is not only unjust but also impractical and discriminatory.
Cases are relative, same as the award of damages.