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John T wrote:
What about "winner does not receive punitive damages"? Contingency is still there, the truly wronged are made as right as money can make them, the "bad guys" are still punished, but the courts are not treated as the lottery they sometimes seem to be. The punitive awards in this scenario would go to a) the general fund; b) a designated "victims' fund"; or c) some other "public fund" that benefits society at large. Good idea; why not go a bit further and eliminate punitive damages? Today their primary purpose is lawyer enrichment. Since the purported intent is to deter bad companies from making dangerous products why not simply leave this to criminal courts? In this way the injured is paid for their actual losses and the party causing the injury faces the possibility of being Martha's cell mate. |
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