Sentences with phrase «where damage caps»

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,
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