Not exact matches
;
Where do we
cap the collateral
damage suffered from her «childish fits»?
The agreed
cap on fees relates to personal injury claims (road traffic and employer and public liability)
where the level of general
damages, anticipated by the claimant when the report is commissioned, does not exceed # 15,000.
In addition, the Justices asked
where Wisconsin's
cap compares with other states with similar
caps on noneconomic
damages.
There are still other circumstances (such as intentional harm)
where there is no
cap at all except that the punitive
damages must not be unconstitutionally high; typically the upper limit is nine times compensatory
damages unless extreme circumstances exist.
Punitive
damages are also subject to
caps and are only awarded in rare circumstances
where the defendant's actions are so egregious that such punishment is warranted.
The same goes for cases in other States
where there are
caps on
damages.
I hope the courts continue to adopt a flexible approach in awarding
damages above the «
cap» in ICBC claims
where the evidence justifies such a result.
Oregon is one of 35 states
where the legislature has successfully enacted a statute
capping the amount of noneconomic
damages, commonly known as «emotional distress,» that juries can award.
An Ontario plaintiff was held to be able to look to his OPCF 44R insurer to pay his
damages in excess of a liability
cap in the U.S. state
where the accident occurred up to the OPCF 44R limits but not for the plaintiff's U.S. legal fees.
In large personal injury cases involving extreme misconduct
where compensatory
damages reach the
cap, additional
damages in likely modest amounts may more strategically be obtained in the future through punitive
damages, though the court indicated these situations were rare in personal injury,