When it comes to a cap on personal injury damages, juries can determine about any amount they think is reasonable based on the evidence provided. However, there are a few exceptions to that rule. We will discuss those exceptions below.
Statutory Damage Caps
Some states will place a cap or a limit on certain litigation awards in order to keep things fair. In many states, the legislature has placed a cap on any non-economic damages when it comes to medical malpractice cases.
The “Runaway Jury” Phenomenon
The jury has the duty to award based on what they feel is a fair award to hand out. They are ordered to do this before any deliberations. They are warned to not let any prejudice or passion influence their decision.
Any amount awarded must be followed by the right amount of evidence that would justify the amount. Juries don’t just issue a blank check to the plaintiff if they win. Instead, the amount awarded would depend on several factors. It is important that you work with the best Personal Injury Lawyer in St John’s so that your case gets the right representation.
Contributory/Comparative Negligence
If the jury finds that the injured party was also being negligent when the accident occurred, they may consider the shared fault law if the state so allows. Certain states go by the contributory negligence rule which means that the person who received the injury would share in fault for the accident and can completely eliminate any compensation at all.
Some states have accepted a more lenient comparative negligence which means that if the injury party’s own actions caused some part in the injury, the injured person would be awarded a reduced amount or be given a limit of compensation depending on what the jury finds to be fair based on evidence submitted.
Some states honor the “pure comparative negligence” standard which means that the party that is recovering from an injury is given limited damages awards even if they are considered to be 50% at fault. There are also “modified comparative negligence” standards that will also eliminate or decrease how much is awarded based on how much participation the injured person had in the accident.
Every state is different so be sure to check your state for the latest in personal injury law that can determine the amount you are awarded and how much you are required to be responsible for.
Because there can be so much of a difference, it’s important that you have the right representation when you go to trial. Having the right personal injury lawyer that knows personal injury claims can help you understand the law and the ruling you receive.