For almost three decades, the insurance industry and corporations have been promoting tort reform. The U.S. Chamber of Commerce, alone, spent of $50 million lobbying for tort reform. Included in this effort was capping the amount of non-economic damages (pain, disability, disfigurement, mental anguish) that a jury might award an injured victim – regardless of the severity of injury suffered. In Kansas, non-economic damages have been limited to $25,000 until recently when there was a minimal increase in the cap. In Missouri, victims of medical malpractice are limited to $350,000 in non-economic damages. Those without significant economic damages are disproportionately harmed. These include: children; elderly; disabled; housewives; and those currently not working.
By limiting the amount of damages a jury is able to include in its verdict, the injured consumer loses. At the same time, insurers and corporations reap enormous profits.
Please take the opportunity to let your legislator know that capping non-economic damages is anti-consumer, a violation of the 7th Amendment right to a jury trial, and antithetical to the American spirit.