Posted On: June 24, 2008, 2:16 pm CDT

Posted By: Roy

These issues often do not get resolved in the best manner because of fundamental procedural defects.

One of those defects is that punitive damages are paid to the victim which turns legal recourse into a jackpot system.

Punitive damages should be paid into funds for communal benefit because the idea of punitive damages is to punish the wrongdoer and discourage the antisocial behavior in question, not to enrich the plaintiff.

A state crime victims' compensation fund would be good example of what should receive punitive damages.

Plaintiffs should receive only actual damages with statutory limits on alleged emotional and psychological damages which are by nature intangible and uncertain.

Plaintiffs' lawyers could still get a percentage of punitive damages but it should be limited by law so that they still go after it but are not as preposterously enriched as they are now.

There will always be donkeys on juries who throw other peoples' money around like drunken sailors. That will not change.

However, procedures could be improved.

The public does not demand any such changes so the get-rich tort
system continues without adjustment.

Maybe that is what people want. They love to see jackpots and believe that lawyers are heroes who deserve to become extremely wealthy from contingency fees.

Jury members are fallible and some are even quite stupid. Procedural improvements could be made but won't happen until the public has the wit to demand it.

The jackpots are there. Sue at every opportunity.