This essay explores the civil litigation system through two practical scenarios: a negligence case involving property damage caused by a thrown baseball, and a medical malpractice case in which a jury awarded $40 million in damages. The paper argues that while the right to file a civil lawsuit is a necessary protection for injured parties, the system is vulnerable to abuse through false claims, excessive damage demands, and court congestion. The essay further contends that jury-awarded damages in malpractice cases can be disproportionate and advocates for legislatively established damage formulas tied to a plaintiff's actual losses and future earning capacity as a fair, standardized solution.
There will be cases in which one party feels wronged by another, either intentionally or unintentionally. In one such scenario, a defendant threw a baseball on the street, causing damage to a plaintiff's car — an unfortunate and unintentional act. However, the injured party should never be the one left to pay for damage she did not cause herself. Having the right to file a civil lawsuit protects her from bearing the costs of repairs to her car and treatment for any physical harm she suffered thereafter.
The defendant would no doubt argue that what occurred was an accident. Examined more closely, however, it is obvious that a street is a space where various vehicles and pedestrians come and go. When someone throws a baseball in such a space, there is a reasonable likelihood that someone will be struck and injured. Even if the defendant had no intention of causing harm, his irresponsible act produced real damage. The plaintiff's decision to sue is, at its core, a mechanism for ensuring that she does not pay for damages she never caused in the first place.
The right to file a lawsuit in a civil case — as with any legal proceeding — is always open to abuse, particularly when individuals are malicious enough to exploit it for personal gain. One obvious abuse occurs when people make false claims that they have been wronged by another party. In addition, some claims demand outrageous sums that, if awarded, could leave the defendant economically devastated. Other abuses take the form of unnecessarily congesting an already overburdened legal system, particularly when a reasonable settlement is already being mediated. Often, plaintiffs refuse to accept fair settlements because they want more and would rather pursue a full court proceeding.
"Malpractice jury award of $40 million examined"
"Legislative formula proposed as balanced reform solution"
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