By David Peel
Tennessee victims in at least four types of cases have been re-victimized by laws designed to protect wrongdoers.
1) Worker’s Comp. has been cut so severely that I stopped handling those type of cases for the most part in 2014. Only in matters where an injured worker is hurt by a third-party, such as a car accident, negligent release of toxic gases, or an explosion would I be involved.
2) Medical malpractice. Around that same time, the healthcare liability act increased costs and risks of handling medical malpractice cases to such a degree that you cannot find a willing attorney in any but the most catastrophic matters.
3) In actions against governmental entities, a person’s recovery is artificially limited to $300,000, regardless of what their medical bills or disabilities are.
4) And back in 2011, the Tennessee civil justice act put a cap of $750,000 on almost all non-economic damage awards. Juries could award millions of dollars for the extreme cases, only to have their verdict reduced by a judge following their service. In a few instances, this amount is $1 million. The cap is unlikely to deter massively bad conduct by tortfeasors, and is certain to only be used against the most injured among us.
If it sounds like Tennessee has become a tough state in which to handle injury cases, you are correct. That’s not all though. Punitive damages likewise are capped at twice to compensatory damages or $500, whichever is greater. Oddly enough, again only injured people and the most severely injured, would ever be involved in such a case.
Being a conservative in principle, I believe in a strong view of the constitution. And that includes the seventh amendment right to jury trial. Being a conservative also makes me want to have smaller government, less bureaucracy and less arbitrary rules of one-size-fits-all. Finally, being a conservative, I believe in individual rights and responsibilities. A community jury can access those. And there should not be artificial limits that if applied, can only hurt the most injured, in doing so.
Peel seeks justice for those injured in tractor trailer and car accidents, medical malpractice, and disability. He often addresses churches, clubs and groups without charge. Peel may be reached through PeelLawFirm.com wherein other articles may be accessed.
