Mississippi pain and suffering damages cap upheld by court

03/01/2013 // West Palm Beach , Florida, US // JusticeNewsFlash // Justice News Flash // (press release)

Mississippi – A federal appeals court has upheld a $1 million cap on pain and suffering damages in Mississippi personal injury cases. As reported by Reuters, the three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans rejected plaintiff Lisa Learmonth’s argument that the cap was in violation of her right to a jury trial after she presented the challenge regarding her 2006 lawsuit against Sears, Roebuck and Co in which she was awarded $4 million by a jury. The amount allocated for pain and suffering was not indicated by the jury.

Joey Diaz, a plaintiffs’ lawyer who specializes in pharmaceutical product liability and medical malpractice claims, is quoted by Reuters as stating of the ruling’s potential impact on medical malpractice personal injury cases, “If a person is blinded by an injury, their medical expenses may be relatively low, but their pain and suffering and their loss of enjoyment of life is huge” and the cap could make it difficult for attorneys to take on cases due to lessened recovery potential.

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