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non-economic damages
Engle Progeny Case Is Instructive on Arguments About the Size of Awards for Punitive Damages and Non-Economic Damages
On Tuesday, Law360 reported that a Florida state appellate court had reversed a $41 million punitive damages award in a case brought against a tobacco company by the widow of a lifelong smoker. See R.J. Reynolds Tobacco Co. v. Townsend, Case No. 1D10-4585, Slip op. (Fla. App. -- 1st Dist....
Civil Justice System Is An Effective Force In Uncovering Nursing Home Abuse
We have all heard about "tort reform" and limits on the amount of damages juries can award for "pain and suffering." In essence, advocates of "tort reform" do not believe juries are capable of making decisions, based on the evidence presented at trial, concerning the...
Does Arizona have caps on medical malpractice cases?
With all the talk lately about "tort reform", healthcare reform, and the problems of too many lawsuits against hospitals and doctors, this is a good time to address some of the questions I frequently receive on these issues. A number of states have enacted laws capping damages in medical...
Common Misperceptions Of Personal Injury Clients
A client came into my office the other day having been in a car accident. She was taken to the hospital by ambulance. Her car was wrecked. The accident was not her fault. She had some questions and some comments which I hear fairly often. I am not the "suing type". One of the first...
PART 2 of 10: The economics of non-economic damages. The curious case of David Fitzgerald.
Here is why non-economic damages are economic. What everyone refers to as pain and suffering damages have never been for compensating losses associated with pain and suffering. When you’re injured your pain and suffering isn’t lost but is increased. What a person loses is a life...
