Millions and millions. I guess we did it to ourselves; always asking "what would you do with a million dollars."
In recent talks about the sex scandals of the Church...and all of the others who don't receive their proper criticisms as well, I started to think about the millions and millions of dollars.
If I dump my hot coco (don't drink coffee) on myself and sue the local McBurger Hut, why do I get millions and millions? First, I'm not sure exactly how the courts ever decided the exchange rate of mental damage to dollars. I'd like so that exchange rate, and how it fluxuates.
I do want to take a brief moment to seperate out some issues before people stop reading and go straight to their rebuttal. I'm talking here about mental and emotional damages, not physical or financial ones. If someone can't go to work and provide for him/herself, then I agree that the responsible party should pay the person the same rate that they would have been paid otherwise. And if medical procedures are necessary to undo the damage caused, then I am all for the responsible party picking up the hospital bills. If in the effect of all of it the people sueing also want to put on the court costs, I'm not against that either. Why should the *innocent, if the really are, have to pay for the cost of setting things right?
My beef is with the mental and emotional damages part. Really, I think they should rename this part to "stick it to the man" fees. Because originally, it seems, these excessive means were used to encourage changing in policies and procedures to keep the same thing from happening again. However, people quickly realized that this was the new lotto. And it had much better odds of payoff. Just find any lawyer out there eager to try, and you've got a case for anything. Literally, anything.
"A surfer recently sued another surfer for "taking his wave." The case was ultimately dismissed because they were unable to put a price on "pain and suffering" endured by watching someone ride the wave that was "intended for you."" http://www.duhaime.org/LegalResources/LawFun/tabid/344/articleType/ArticleView/articleId/41/Outrageous-Lawsuits.aspx
Now, if you take away the ability to sue for mental and emotional damages, you will most likely take away people's lust for "easy" court money and the abuses that ensue, for a majority I believe. However, doing so then let's the responsible parties off the hook since they would have to pay, most of the time, minimal damages. So, I've been working out a solution.
Allow the people to sue for "stick it to the man" fees. There sometimes does need to be punishment either to encourage change or to discipline. But instead of giving the money to the people who are sueing, require that the "stick it to the man" fees are given to an established and sanctioned charity. Then everytime McBurger Hut is sued, Feed the Children or Make a Wish gets to help many more people now. The people who sue are still getting what they honestly deserve. And if those scammers realize that they will only recup basic and logical damages, they are going to be more likely to abuse something else other than our judicial system. It also allows the judges to walk away feeling like justice has been served to everyone.
There will be some exceptions; there are in most every case. But this is something that can bridge the majority of the frivalous suits.