Firm News

Limiting “Pain And Suffering” Damages Declared Unconstitutional

By Burg Simpson

March 29, 2010  

Burg Simpson News Updates

The Supreme Court of Georgia has unanimously ruled against limiting damage awards for pain and suffering in medical malpractice suits. According to Chief Justice Carol Hunstein, statutes that limit non-economic damages are unconditional and raise serious concerns regarding governmental separation powers. The ruling is certainly good news for the people of Georgia, and a victory for supporters of an individual’s right to trial by jury. Earlier this year, the Illinois Supreme Court reached a similar conclusion, also ruling that a statute limiting damages was unconstitutional.

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