Limiting Personal Injury Awards [Poll]
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Lisa Learmonth was injured in a car crash with a Sears Roebuck van. A trial judge lowered the jury’s damages, limiting her non-economic losses (those beyond hospital bills and lost earning capacity) to $1 million, based on Mississippi’s cap on damages.
On appeal to the 5th Circuit, Learmonth argued the judge violated her constitutional right to a jury trial. The $1 million limit also applies to products liability cases and there’s a $500,000 non-economic damages cap for medical malpractice. Defendants advocating “tort reform” claim businesses and doctors have left the area due to large jury verdicts and escalating insurance costs. Plaintiffs argue “tort reform” violates constitutional rights to jury trials and blocks victims from receiving fair compensation for severe injuries. What do you think?