any help would be great.
Answer by James D
Unfortunately, no. It varies. I say unfortunately because the tort system is the best system in the world. It assigns responsibility to those who cause harm. In a perfect world each person would be responsible for their own actions. If they caused harm they would pay for the harm caused and then some. However in some states the insurance industry has lobbied to do away with such laws and call it "no fault." However in "no fault" states, individuals get less compensation and have no where else to turn. The law takes away their individual rights. This is the same in states that have limits on how much you can sue a doctor for when he causes death or injury.
Some states and many Republicans believe that limits of 250,000 is enough to compensate for the death of a child, stay at home mom, young single adult or elderly person - essentially a non-bread winner. This places the accent of the law in a group of people who the law sets above everyone else - doctors and their insurance companies guaranteeing them a profit rather than allowing the individual to seek full justice. Placing the accent on the group (the doctors) means that the government has decided "the greatest good for the greatest number."
This is not our American system, but that of Jeramey Bentham. Our County was founded upon Lockes the two tresises of Government, upon Jefferson and Adams - the individual matters. These days, the individual is only worth 250,000 and unless you help change that then your auto case will be worth nothing too.
So sit on juries and make sure that you don't just blame the poor sole who was injuried for suing some company - place the responsibility on the company or person who is the defendant - they are denying responsibility and trying to play you for a fool by blaming the injured party or claiming that he wasn't injured too badly or that his medical costs were too high - rather than accepting responsibility. As a juror - you are Karma - you make justice. So vote and serve on a jury and find for the plaintiff. When awarding damages don't be shy to give full justice not half justice as money is inferior - so give a lot.
Answer by ungchungs
Contact your local free legal clinic. If you have a local law school they probably have one. They can answer this best for your state.
What do you think? Answer below!
Orignal From: In most states, the system of auto accident compensation is based on the tort cause of action for negligence.?
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