Tort “Deform” – My Opinion

Along with the right to vote, a free and vigorous jury system is a key element in the ability of Americans to control the type of society in which they live. Efforts by state and federal politicians at placing arbitrary caps on the amount of damages available to parties in civil cases is a direct attack on the jury system, and thus the power of the citizenry to control their own society.

Juries should be allowed to award the full measure of damages justified by the facts of each case after engaging in thoughtful deliberations. For the most part, their verdicts are dead-on appropriate. To argue otherwise is to ignore a large body of statistical evidence and question the ability of everyday people to judge wisely. Moreover, in those rare instances where a jury decides incorrectly, the aggrieved parties, be they the plaintiffs or the defendants, have available to them many tools (e.g. retrial; appeal; etc.) to correct the error.

Arbitrary damage award caps provide immunity from full accountability and should be opposed. Our civil jury system works exceedingly well and should remain free of arbitrary constraints.

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Jeffrey P. Gale, P.A. is a South Florida based law firm committed to the judicial system and to representing and obtaining justice for individuals – the poor, the injured, the forgotten, the voiceless, the defenseless and the damned, and to protecting the rights of such people from corporate and government oppression. We do not represent government, corporations or large business interests.