Here They Go Again…..

Recently Michael Cardozo, the chief lawyer at New York City’s Corporation Counsel, called for a cap on pain and suffering damages in Tort lawsuits, citing the City’s need to reduce payouts on personal injury cases.

Didn’t New York State’s legislature just decide this was a bad idea a few months ago when they rejected the caps which were proposed as part of Medicaid reform?Hard caps on damages limit the right of recovery for people who bring valid claims. They unfairly target the most injured plaintiffs and unjustly discriminate against those with little or no earnings, such as children, the elderly and homemakers.

Not only are caps a terrible idea for individuals, they harm society by eliminating an important deterrent and increasing the likelihood that injured people will require public assistance.

Personal Injury lawsuits have forced corporations to improve product safety, resulted in the withdrawal of dangerous products from the market, and resulted in laws being passed that protect individuals.

Studies show what common sense tells us must be true – focusing on safety is the best way to reduce lawsuits. Shielding corporations and government from responsibility is not the answer.

The city should correct the problems that are resulting in lawsuits instead of penalizing people who have been injured, but they show no signs of doing that. A good example of the City’s failure to correct longstanding problems is their failure to address police misconduct. Despite paying over $500 million in police misconduct cases between 2000 and 2010, the NYPD has repeatedly failed to investigate and correct problems in their own policies and procedures.

Perhaps the City needs to focus on preventing lawsuits from arising, rather than taking away the rights of injured people. What do you think?

If you or a loved one has been seriously injured in an accident or by the fault of someone else, we will listen to you, explain your options, and help you decide what action to take. The consultation is free, whether you call toll free at 1-888-MEDLAW1 or fill out a contact form on our website.



  1. John Bonina October 6, 2011 at 1:42 pm

    Just another example of a concerted effort by those at the top to marginalize the “little guy.” When pain and suffering is limited and only “economic” damages are permitted to be paid in full, then a wealthy individual with the very same injury as a day laborer gets to receive greater compensation for that same injury. Example: The estate of Michael Jackson will have a wrongful death claim valued in the tens of millions, but a day laborer with a wife and young kids would be lucky to get the 250K cap. I’m not seeking to minimize the loss to Jackson’s family, but the laborer’s kids probably need the compensation a little bit more, No?
    Who gets the “savings” – large corporations and insurers.
    Will any savings be passed on to consumers – of course not (See: New York No fault “reforms” back in the 1970’s).

  2. Nick October 10, 2011 at 8:14 am

    It would be a nice change if the government tried to undertake a risk reduction program rather than trying to take away the rights of people that have been hurt.

  3. Washing Machine Repair London October 30, 2011 at 10:27 pm

    Good point

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