Justinian C. Lane, Esq.
Let Justice Be Done, Though the Heavens May Fall

Justinian Lane's Blog

Justinian's Blog

Damage Caps Unfair to Women, Minorities, Children

Senator Ted Kennedy sent a letter to President Bush in July of 2002, and it has some interesting points about why capping noneconomic damages is unfair to women, minorities, and children:

Caps discriminate against younger victims. A young person with a severe injury such as paralysis must endure it for many more years than an older person with the same injury. Yet, that young person is prohibited from receiving greater compensation for the many more years he will be disabled. Is that fair?

Caps on noneconomic damages discriminate against women, children, minorities, and low income workers. These groups do not receive large economic damages attributable to lost earning capacity. Thus, noneconomic damages are particularly important to these vulnerable populations.

Women who are homemakers and caregivers for their families sustain no lost wages when they are injured, so they only receive minimal economic damages. Ignoring the value of the work they do within the home violates the most basic family values.

Read the complete letter here.