Talk of The Villages Florida - View Single Post - Tort Reform - when you have a claim
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Old 06-19-2009, 12:54 PM
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Quote:
Originally Posted by SteveZ View Post
So far, no one has put themselves in the position of the plaintiff/claimant. If you were the one who was harmed (regardless of the type of harm), what do you think is the maximum that you should expect, and what's "fair"?

If a person broke your arm "by accident," what's the most that should be?
If you are killed by an "OJ" type, what should your family expect?
If you are crippled at age 40 due to a preventable medical error, what is your "fair expectation" of claim?
If your house is destroyed because the plumber screwed up the gas lines, should the plumber be liable for losses beyond your insurance coverage, and by how much?
If your grandchild chewed on a toy made of a toxic substance, what should the maximum be for that cchild's injuries or death, or for a class-action suit against the parties who sold/made the toy?

Again, it's easy to gore the other guy's ox, especially if we see the issue only through the defendant's eyes. Defendants want caps, and usually plaintiffs want the sun, moon and the stars. As a plaintiff/claimant, what are your proposed reforms? This is where it gets hard - putting constraints on us.
I would be completely comfortable submitting to things outlined above as a plantiff because they are fair and real, and some are easily extrapolated to the non medical or tort environment.