Originally Posted by
CaptainForest
Hey Everyone.
I asked Rick to re-open this post because I wish to add something.
My law professor was talking to the class about some of the differences between the Canadians and US systems.
One of the points he made was how here in Canada, the Supreme Court of Canada has capped pain and suffering to about $350,000 whereas in the US, there is no cap.
He then when into a little political speech about how most Canadians don’t seem to know this and/or care about it enough to get the MP’s in Ottawa to pass legislation to change this.
Then he outlined some pros and cons of the cap.
Therefore, that is one big reason out law suits are lower on average. Since you can’t sue for millions in pain and suffering.
It's funny that your law professor would say something like that, because it is absolutely untrue. The truth of it is that it is a matter of state law, and each state has their own rules. I don't have a lot of experience outside of New York, (there is no P&S cap in NY... thank god) but I have referred cases to other states that have a cap. I recently referred a case to Colorado involving medical malpractice and was disappointed to hear that they had a cap on P&S (I think it was $300,000). The case involved the client contracting HIV through improper handling of needles/bloodwork in a hospital.
This is the kind of case that really breaks your heart. What is the rationale behind capping her recovery at $300,000? Is that what her life is worth? Now as a practical matter, the P&S cap often doesn't come into play as much as you would think, due to a jury sometimes compensating for it by finding increased costs of future medical care, etc. But it is still a big problem. Not to mention the deterrent effect it has in malpractice cases. (ie: IMO a doctor is more likely to treat a patient appropriately if he knows he could lose his home for committing malpractice.)
Even in jurisdictions where there is no cap on P&S, there is a cap. It is called THE COMMON SENSE OF THE TRIAL JUDGE... and/or appellate judge. The thing that nobody tells you when you see these gigantic verdicts in the newspaper is that 90% of them are settled for far less after the verdict, or reduced by the trial judge. Every plaintiff's lawyer's website is full of asterisks that say things like (14 M verdict actually reduced to $750,000 on post trial motion)... etc, etc, etc.
