Avera Law Firm

The Avera Law Firm Blog is designed to update clients, vendors, and other interested persons regarding law firm news, personnel, legal issues, and legislative issues. The firm management welcomes posts and questions to the blog as an interactive means to provide information to the public.

Monday, March 22, 2010

Caps on Pain and Suffering Damages: Do they work?

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/

posted by Mark Avera at 3/22/2010 09:07:00 AM

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