Unfortunately jury awards are unfair sometimes but you are nonetheless entitled to a jury of your peers. You cannot regulate how they determine their reward or lack thereof in some cases.
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No, one cannot assume that. Each case has a value that is dependent on it's own unique set of facts as applied to the law. And due to the subjective nature of the non-economic damages, the damages can vary based on a variety of factors. There are always exceptions to the general applications as well. Fair or not, it's the only system we have.
I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
The law has never required perfect reconciliation of all cases, not even within subject matters. We cannot line up all of the injured, for example, starting with the most injured and working down towards the least, in an effort to make sure that the awards of damages received by each "matches" their place in the line of relative injury. To impose such a requirement is to invite and ensure defeat of the mission.
Instead, the sponsors of each case and claim are allowed to make their "best case" within a constant and consistent framework of fixed legal principles. Any truly deviant results obtained by that process can be reviewed and corrected by courts who have deep experience with the applicable field of relativity (additor and remittur). There will always be outlier awards that attract disproportionate public controversy. Very often these specific incidents are distorted and exaggerated within a few months of the event. Check out "Hot Coffee" on Netflix for a serious and enlightening explication on this issue.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
Every jury is different, and with a good lawyer, the sky is the limit.
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I think people misunderstand justice and fairness. Life is not fair, neither is the law. However, there is a system of justice in place that will try to compensate for losses that money simply cannot repair -- in our system, we call this justice.
I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
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