By Thursday of every week, you should have completed the activities associated with 1 project. You should blog about your experience as a comment to the blog posting of that particular project. Your blog comment can be largely experiential--tell us what it was like to do the project and what you learned. Products associated with the project and a more detailed analysis of the project will go in your portfolio (see the Portfolio blog post).
Project #3 LegalVote
This website provides case details and asks you to act as jurors and render a verdict. It was designed to allow attorneys to test their theories prior to trial to see how potential jurors might react. It appears to be defunct, but there is one case still there:
The case that I read was about Ms. S who was 37 years old and was hit by a speeding car. It is apparent that the person who was driving the car was at fault, even though the landscape of the area was ill-designed, they should have been driving the speed limit. If they were going the speed limit then maybe Ms. S. would not be in the critical condition that she is now. After reading this case, I thought that Ms. S. should be awarded at least 4,000,000 dollars in order to pay for her medical bills, food, and assistance that she will need for the rest of her life.
This activity was very fun and it made me think of the way that the legal system works. It was a very fun activity and I hope that they will have more cases online for the next time that I do this activity.
The case that available was the one with Ms. S., who sustained multiple damages to her body and brain after being hit by a speeding car. Although they stated that the area of accident was a poorly designed area, things could have turned out differently if the driver of the car that had hit her was not speeding 25 mph over the speed limit (60 in a 35mph zone). If the driver had been going the speed limit, the situation could have turned out better, and the accident may not have even happened. After reading about all of her medical surgeries she had to go through, and all of the pain meds she's perscribed, I believe the driver of the car, and the city of the town should award Ms. S with whatever the total costs of her medical bills turns out to be, including those that will happen in the future. As for her not being able to work again, she should also be awarded at least a one year's worth salary of that job payment.
This was a fun case to read through, as it made you think of all the possible outcomes this case could have. Since it's a real case, I'd be interested to see what the outcome was. This also makes me realize how tough legal decisions like this can be.
This case was about Ms. S who was leaving the parking lot of a store when she was struck by a car traveling 60 mph in a 35 mph zone. The area was known by the city and the store to be dangerous and 100 accidents had occurred there before this incident. As a result of the accident, Ms. S suffered severe damage and is now partially paralyzed, suffers from cognitive defects, and is in a great deal of pain. This briefing does not make clear who was determined to be at fault. I decided to award Ms. S 2.87 million dollars in recognition of her loss of income and substantial medical bills, but also recognizing that her life expectancy is 42 and at the time of the case she was 40.
I've never been a member of a jury before and this made me realize how difficult a juror's role is. I wish that I could have actually voted on the site.
The Mrs. S case is very difficult, and very horrifying. I had a very difficult time trying to determine what amount of money she should be given. The biggest twist is that she was not currently employed, so she probably does not have insurance, and probably won’t be able to get any, considering her current condition, and insurance companies typical standards which have to be met to qualify. However, since the driver, city, and business are liable, I think she should receive the money to cover her expensive thus far, since it is fact how much that costs, and his clearly caused by the people who are liable. I also believe that those liable should have to pay Mrs. S what her salary was before she was laid off, since it is clear that she would have gotten a job of similar pay, since she had so much training and experience. I also think the liable should pay for whatever insurance Mrs. S was receiving at that job. This is obviously a very steep price, but since I’m essentially siding with the sympatric Mrs. S, I want her to receive as much as I think necessary. I don’t think there should be one lump sum that is awarded. The city and business should have to pay most of the money, since they were responsible for this clumsy intersection. The driver should pay a smaller amount. I highly doubt a real case would ever be decided this way, but it’s what I believe is fair.
After reading the case about Ms. S and the horrible outcome of her accident, I see no reason as to why she shouldn't receive the amount that she's asking for. Her life has many limitations as it is and without enough financial help, there would only be more. Because of the fact that Ms. S didn't do anything to "help" the accident happen, I feel that the driver is completely at fault. Therefore, they should have to pay any expenses that Ms. S comes across. All that considered, I think the defendant should pay at least $1.7 million (probably more) to Ms. S.
The Ms. S case made me feel really bad, because cases like these do happen in real life. I am sure that the amount that she was asking for was the amount that her attornys told her was the least she can ask for but the most could have been around $3 or $2 million especially the way things are now. In reality you have to think about not only the medical bill, but also other expenses such as your insurance policy and whether or not they cover you and if they do, how far can they cover you and so on. The majority of the fault was of course the driver, since the store did see something wrong with their property then they did have some responsibility to Ms. S accident, and then the city knowing that that property had a bad reputation and still letting it be the way it is, everyone deserved to get sued.
While Ms. S is entitled to the amounts she is asking for I think that suing the driver for that much is not going to result in a payout of the numbers that she wants. As most people do not have insurance polices to cover a 2 million dollar award. It is likely that the judge would reduce any judgment like that against the driver of the car. The city however should be raked over the coals. This area is clearly dangerous and nothing appears to have been done to change that. I think the brunt of the suit should therefore be brought against the city for this reason, and because the city could actually afford to pay the amount of money Ms. S would require for her care and the care of her family.
I did the case on Ms. S who was 37 year old woman leaving a parking lot. A driver speeding hit her on the drivers side of her car, the force threw her car 140 feet. The driver was going 60 in a 35. She is paralyzed on her left side and is pretty much unable to do anything for the rest of her life. She will not be able to work in her current profession which was producing well up to 90,000 a year for a salary, and she will be gaining tremendous expenses to take care of all the surgeries and home care that will be needed for her. The right amount to cover all of these expenses and make sure she has no troubles for the rest of her life would be around 5 million. Why I pick this amount is because she needs to pay for all the expenses and the loss of what she would have made if the accident didn't occur. Then the fact that the accident happened to her and could have been prevented if the driver was going the correct speed and the city would have fixed the problem when the accidents rose in that area. She should be awarded another million just because of the state she will be in for the rest of her life. I thought this activity was very interesting and I like doing things like this where they ask for your opinion on the outcome of the case. Many people tend to be crazy when they actually say their thoughts on the case in the jury room and the whole time your just thinking what the heck are they doing.
Usually I am not a proponent of multi-million dollar settlements, but in this case, it is obvious appropriate compensation happens to be just that.
Mrs. S, is a tragic victim of circumstance. The driver was going at least over 25 MPH over the speed limit, which is in itself completely unacceptable in a commercial zone. The city and business had known about the poorly designed area, citing 100 previous collisions, 100 car accidents is a ridiculously high number. One might conclude action to fix the area would have been taken around the 10th. So this could have been completely prevented.
In addition, the state of her injuries, is phenomenal. I am not sure I would want to continue living in that state. Four months in a halo, multiple surgeries, muscle weakness, finger dysfunction, double vision correction glasses, extreme fatigue, botox injection requirements, general pain, nerve spasms.. the list goes on and on.
This isn't even scraping the surfaces on the psychological damage her and her family will incur. She can no longer be an effective mother to her daughter physically, cognitive issues for a previously high functioning very intelligent individual would be extremely frustrating every singe day. The marriage would never be the same. Emotional problems, difficulty with intimacy, trouble with communication. Her life has basically been taken from her and destroyed, and she still has to have more surgeries over time.
With her life expectancy cut down considerably, it is only appropriate she get enough so that her husband can stay home and be with her, help with her care and be with the child. At least they can be as happy as they can possibly be as a family spending time with each other even though it will be difficult.
I believe she should get all current medical bills (not mentioned)loss of future earnings at a compromise of 1.5 million, coverage of all future medical expenses at a compromise of 1 million. and pain and suffering at another 1 million. I think these payouts should be divided equally among the city the driver and the business.
1.5 +1 + 1 + current medical bills = approximately $4.5 million.
I am glad that Ms. S won the case. I took the amount of money she should get from damages as mathematical and even view point (I believe). She's already lost 300,000 to current medical costs. Her wage loss for the past three years was between 120,000 and 250,000. The average of these numbers is 185,000. Adding that to 300,000 is 485,000. Ms. S claims her future loss will 2,300,000 while the defendant claims it will be 500,000; the average of these numbers is 1,400,000. Adding that to her current award is 1,885,000. Ms. S claims that her future medical costs will amount to 1,700,000 while the defendant claims 250,000. The average of these two is 975,000. Adding that to her current total is 2,860,000. I think for the emotion cost of her situation this price should be rounded up to an even 3,000,000. I have never dealt with or realized that jurors had to come up with an award a plaintiff would receive, I only ever thought of punishments. I am really oblivious to many details with law and this was a learning experience. I wonder how a jury works together to decide on a real case.
Reading the prior posts on this activity as well as the case file itself, I'm at odds with what is "just" for Ms. S. I do agree with the decision that the speeder, business, and city are at fault, but what should Ms. S get for her ordeals? How did the plaintiff come up with the future loss of $2,300,000 while the defendant determined $500,000? She was laid-off shortly prior to the incident and planned a home-office job or seeks further employment. It is hard to say what she will make as the job market in general is poor. I assume that both the plaintiff and defendant's estimates at income were for 10 years based off her field's annual income. In this case, $500,000 is about $50,000 a year; an annual salary that a floor manager in a retail business makes. I believe, in this case, that the defendant is grossly underestimating the earning potential of Ms. S. I will agree with Ms. S more so with the future medical expenses being in the "millions" bracket compared to $250,000, but 6 hours a day seem a little high. Granted, to prepare a dinner could take upwards to two hours for an elaborate prepared dinner, personal hygiene could take an hour, shopping for necessities could take a few, and around-the-house work varies, but does she need 4-6 hours A DAY? I think 2 or 3 a day is enough, with one day being around 6 for shopping necessities and house-work. Last, we should examine the three parties at fault for this accident. The speeding driver's auto history should be taken into consideration to determine what percentage they should cover to Ms S. If the business made multiple attempts to contact the city for that area in question, then I believe they should not be responsible (as they cannot control city streets and utilities). The city, ultimately, should pay the highest percentage as they were aware of this area, identifying it as the highest accident rate and failure to rectify this issue. Not to demean or criticize prior posters, but we cannot take averages of numbers to find a viable solution, we cannot pick a lump-sum number as this would promote un-necessary spending early on, and we cannot estimate a sum based on her life expectancy. Doing any of these would be finding a solution that may alleviate the here-and-now, but allows no room for flexibility. I would propose to have an annual stipend broken down as a bi-monthly paycheck based upon the current fiscal year of the income that of her field of work, an insurance plan covered by the city that would suit Ms. S’s needs comfortably, and have this last until Ms. S passes away. Now, I’m surprised only one other poster mentions Ms. S’s daughter. I hate to say this, but I hope there is family that could care for her. Due to the city’s negligence and the loss of her mother, I would also set up a college fund for her.
I read the case of Ms. S. I am glad that the case turned out the way it did. I agree that the driver, city and business were at fault. First of all the driver was speeding which is against the law. If the driver had been going the speed limit Ms. S would have probably sustained less injuries. Also I’m sure the driver was not paying much attention to his surroundings, since most people are not when they are speeding. If he was going the speed limit he might have noticed Ms. S and maybe he could have taken action before hitting her. Also the city and the business were both aware of how many accidents had occurred at that parking lot. Knowing that the lot was badly designed, something should have been done about it. Ms. S sustained massive injuries that completely changed her life. She will need to readjust the way she has been living which will be really hard to do. This I’m sure will cause major depression and other emotional problems. Who knows what other medical attention Ms. S will need in the future because of the injuries she sustained. Ms. S will not be able to work anymore so she loses her entire income. Also she has a little girl at home who depends on her. With Ms. S’s injuries she is not able to fully take care of her daughter and do fun things with her that she could do in the past. This is going to have a huge impact on the daughter too. Because of this the daughter might have some emotional problems. I think that Ms. S deserves what she is asking for and maybe even more. Ms. S life was turned upside down the day she was hit and because of this her daughter’s life was also turned upside down.
The one thing I really hate about law is when lawyers try to take advantage of innocent people. Yes it is their job to win the case for their client but stories like this tend to fuel my distaste for shady lawyering. In this case Ms. S is pretty much screwed - at least in regards to how she will function the rest of her life. There is no doubt in my mind that she deserves the full amount of damages - and then some. It is hard to put yourself in someone's shoes if you have no experience in such a situation; I can sympathize with her but I surely cannot empathize with her situation. I don't have children of my own but something tells me it would be hard as hell taking care of a 3 year old when you have as many injuries as Ms. S had. I feel that it is hard to place a potential "earnings" on her future salary since she planned to work from home. However, this should NOT discredit her knowledge and experience in regards to her career field. The $500,000 earnings cap that the defense placed on her possible future earnings is insulting in my opinion. I couldn't say a specific dollar amount of what she deserves but it should definitely be up and beyond covering her medical expenses. The defense attorney (or anyone for that matter) has no clue whether she will have complications later on down the road that stem from this accident. I would say they would need to award her with: total cost of current medical bills, 1 year's worth of salary (amount from her most recent employer), plus another $1 million in damages to help cover any future issues.
The Case that i was given was Ms S. She had sustained brain damage and partial paralysis after being hit by another car going 60 in a 35mph zone. In this vote you needed to vote on how much money you should think Ms. S should be awarded. Ms. S is trying to get compensation for what her future earnings would be. However i wouldn't award her all that much money for this because at the time she had been unemployed and you cant really give someone compensation for earnings when you don't know how much their future job would have paid them. However I think that those liable should award her money for the medical bills that she has already accumulated since the accident and any future medical bills that may come relating to injuries she sustained in this accident. I also agree that she should be award some money for help from a nurse on a daily basis however her estimate of over a million is extreme. I would figure out the estimates per year of the care and then multiply that by 5 since she is only expected to live for another 5 years. So over all i think she should be rewarded money for the assistance that she needs and money for the past and present and future medical bills that she will have due to the injuries from this accident.
I read the case of Mrs. S who was struck by another car while leaving a parking lot. She suffered multiple injuries, including a torn aorta and her skull being separated from her spine. She has to have lots of surgeries to try to fix her injuries, which makes for a very exspensive medical bill. During the time of the accident, Mrs. S did not have a job, but she used to work and made quite a bit of money at her job. My suggestion for her is to obtain disability because she can no longer work at a job and she cannot drive a car. She also has a hard time walking and gets very tired easily. The driver and the owners of the store she was leaving should also pay her money because it was the driver's reckless driving that caused the accident and it was the store's responsibiltiy to fix their parking lot since so many accidents have occured there. In my opinion, the driver that caused the accident should have his license taken away for a while because they were breaking the law by going 60 in a 35mph speed limit. That driver also caused a lot of pain and misery to Mrs. S who was just in the wrong place at the wrong time.
I think that there's a common trend as to everyone reading the Mrs. S case. I, as well, read it. It was awful what happened to her, and going 60 in a 35 is unacceptable. The person who hit her should have to pay for what she did. I don't think that 2,300,000 is enough. Mrs. S is out of a job for her entire life, and has a daughter. Granted that she IS married, so her husband can provide; but all the medical bills, and future medical bills that she's going to have to pay is tremendous. Not to mention the suffering her and her family are going to go through. The article stated that 'sexual intimacy' hurts her, so that means her and her husband can't have sex for the rest of their lives. I understand that sex is just the icing on the cake when it comes to marriage, but do you know how frustrating that would be? That could also lead to a lot of psychological problems with the couple. I think that Mrs. S should be awarded 5,000,000 dollars, and that the person who hit her should have to serve A LOT of jail time.
I too, read the case of Ms. S.
Although the defendant claims that the accident happened in a "poorly designed area" that had many traffic accidents, shouldn't that mean that drivers should take more caution in that area? The other driver wasn't even driving normally in that area. There is NO way someone goes thirty miles over the speed limit without realizing it! And especially in a recognized "poorly designed area".
Not only is Ms. S physically hurt, she has a dependent and a husband to care for. Even if we assume her husband has a decent job, the loss of a $90,000 annual income will be tough on the family, especially considering the increased medical costs and other special accommodations needed since Ms. S is unable to preform many tasks.
And like Megan pointed out, there will be extreme emotional fallout from this accident that may not be reparable. Ms. S should get the full $5,000,000. Her life will never be the same and deserves the best chance for happiness and ease of living.
I chose to read this case for this week’s project assignment. I found this case very interesting because of all the monetary involvement in the case itself. As an economics major, I have gone through extensive training in the area of fixed and variable costs as well as cost-benefit analysis trainings particularly in the area of compensatory damages. For my portfolio I will look at this case from an economic perspective and use cost-benefit analysis to examine this case and see what the outlook from an economic perspective would be.
I chose to read this case for this week’s project assignment. I found this case very interesting because of all the monetary involvement in the case itself. As an economics major, I have gone through extensive training in the area of fixed and variable costs as well as cost-benefit analysis trainings particularly in the area of compensatory damages. For my portfolio I will look at this case from an economic perspective and use cost-benefit analysis to examine this case and see what the outlook from an economic perspective would be.
I read the case about Ms. S which was hit by a speeding car in a parking lot of a local business. She was sirously injured in the accident and has tons of expenses just to stay alive. she is asking for a huge sum of money in return for all of the damages to her. I agree with Ms. S on the fact that she should be getting the large amount of money because the accident changed her intire life. she is not allowed to work agian and she cant even drive anymore. I think if this were to happen to me i would do the exactly same thing.
The case of Ms. S hits somewhere close to home for me. My cousin was driving a moped when he was hit by a jeep going 45 mph. He also suffered a traumatic brain injury like Ms. S. (The accident was his fault, so obviously no case like this took place) A brain injury is nothing close to a few broken ribs or a broken arm. When my cousin was struggling to stay alive the first few nights in the hospital the doctors told us that if he would ever wake up he would never be the same and would be mentally handicapped the rest of his life. Aside from the fact he wouldn't be able to finish high school, go to college, or get a good job, my cousin, as a person, would be lost to all those who knew him. He would never truly be the same. In this situation I agree that Ms. S should be given large amounts of money to somewhat make up for what had happened. However, what she lost was much more than the ability to work and make money. Because she suffered a traumatic brain injury she would struggle with many things that others take for granted. She may even not be the same type of person she used to be. When my cousin first woke up from his coma he would swear and say very inappropriate things. This was very alarming and frustrating. But when the article says that Ms. S had problems with irritability, it makes me so sad. This could have been the sweetest person you know and then all of a sudden a brain injury makes her into a very unpleasant person at times. This case is based on money, but the way I see it, no amount of money could really give her back the life she had.
For this project i read a brief summary about Mrs. P who injured her ankle at the movie theater. i didn't get to see the whole overview of the case but from what i read i came to this conclusion.
I think it could be a result of her Ankle Injury in the Movie theater. When I looked up what Reflex Sympathetic Dystrophy, also known as Complex Regional Pain Syndrome, I read about some of the characteristics of the disorder. Some of the characteristic that the link talked about was: “severe burning pain, pathological changes in bone and skin, excessive sweating, tissue swelling and extreme sensitivity to touch (http://www.rsds.org/2/what_is_rsd_crps/index.html). In the over view of the case it only states that she still has constant pain. However if you read farther down on the link, it stated that “CRPS is best described in terms of an injury to nerve or soft tissue that does not follow the normal healing process” (http://www.rsds.org/2/what_is_rsd_crps/index.html). So I think that there is a possibility that the injury she sustained at the movie theater could be causing her current pain. Though the only symptom she has is the constant pain so her doctor may have diagnosed her wrong and she may just have a broken bone that isn’t healing properly because the doctor didn’t see the fracture. So I can see how it could be both sides.
here is a link to the website that i used while reaching a decision.
http://www.rsds.org/2/what_is_rsd_crps/index.html
In reading the case at Ms. S I feel as though she has suffered a lot of psychological as well a physical pain from this experience. Looking at all the details from the case including her ongoing list of injuries, her family situation, and the amount of income she is missing out on awarding her the full 5,000,000 is necessary. Her life was turned upside down simply because someone was running late. This situation also makes me questions the judgment of the person driving the car that hit her and the person in charge of the area she was hit. since there was numerous accidents in this area you would think someone would be working on fixing this issue so that number of accidents in this area declines.
In the case of Ms. S. it is hard to say who exactly is at fault. Obviously the driver who was recklessly speeding at 60 mph in a 35 mph zone, but I also think that the store and municipality should be required to cover some of the medical costs for Ms. S. After averaging all of the Ms. S' current medical costs, lost earnings from an annual salary, and anticipated costs for future medical care that Ms. S. should be alloted at least 3.5 million. I will have to read over this case more thoroughly for my portfolio and go over those numbers more carefully, but for now that is what I averaged around.
I wish this website was working correctly so we could look at other cases, because obviously most of us have done the same one. However, it was still interesting to put myself in the shoes of a juror. It is hard to come up with a fair amount for Ms. S, the city, the store, and the driver. It just shows that you can't please everyone. You just have to make a decision based on your best judgement and be confident in that decision.
This is a difficult case. On the surface it is obvious that the person driving the car is largely at fault for the accident. However, everyone learns that when they are getting into their car that they must be a defensive driver. This means that you need to watch out for others who could possibly be driving recklessly. Also, the case stated that the spot of the accident is prone for accidents. If Ms. S lived in this area she should know to use extra caution. Overall, I believe that the individual who was speeding should be held reliable and cough up a lot of money. All of the medical bills and emotion distress this accident cost her is uncountable. I do not believe that the store or the city should be held responsible. They cannot make every bend in the road 100% safe, especially when people are driving recklessly.
It was nice to see information on a case that could possibly be true. It really makes you think about all of the evidence and information that people have to think about before making a decision; especially a decision that could cost someone a lot of money or someone a lot of emotional distress. I wish that we could see how the case ended up!
Well this is a pretty tough situation to be put into... on one hand shes did survive the accident but it seems like, to put it in harsh terms, a vegtable. The woman can do anything at all but breath! It would be hard to put an amount of money on it but to pay the medical bills past and future as well as all the money shes losing by not working is just adding up to a number not payable in one amount but instead a deal should be made to pay up front a number for medical bills and then a annual pay of her salary. This is only to lessen the burden on the state or whom ever is going to be payin the almost 4 million dollars in damages that this whole speeding accident is going to cost. The speeder should definetly go to jail for attempted manslaughter, because if you think that going that fast in a zone that is marked half that then you deserve to be in jail. The city should take on a lot of the blame for allowing such a high accident zone to still exist instead of banning it due to the previous accidents. The psychological side of things theres no end for Ms.S. How does a person go from being independelty capable to do everything to being useless? The damage done is unspeakeable. The speeder could feel two ways, one no remorse at all shit happens, or two this will haunt them for the rest of their life and they may even commit suicide for what they have done.
I did the case on Mrs. P who twisted her ankle (due to a hole in the ground) at a movie theater while on her way to the bathroom. Her twisted ankle recovered, but then she was diagnosed with Reflex Sympathetic Dystrophy. RSD is a chronic pain condition, and the symptoms get worse over time instead of better. There is no cure for this condition, and only pain medication can be taken to ease discomfort.
I am kind of at a loss as to what I feel the verdict should be. I mean realistically a person can twist their ankle anywhere. But, she would of avoided the situation all together if she hadn't be at that theater...thus resulting in the fact that it COULD be their fault. Another thing I think of is whether or not the movie theater even knew about the hole in the ground, because if it was never brought to their attention they wouldn't even of known to fix it. Nonetheless, it's the movie theaters job to make sure that their costumers are safe and satisfied. In the case it said that Mrs. P says she'll be out of work forever because of her condition. However, it's just her ankle that is damaged. Most people can work with a bad ankle, I mean sitting at a desk doesn't require much movement. I would say that the movie theater should pay for her medical pills pertaining to the damage to her ankle, but not for the RSD that developed after the ankle injury.
Here is a link that I looked at to learn about RSD...
http://www.ninds.nih.gov/disorders/reflex_sympathetic_dystrophy/reflex_sympathetic_dystrophy.htm
The case I did was about Mrs. S all the cases were closed. Anyways Some of the victims figures seemed rather high, but when they added in the comment that she probably won't live past 42 it had a much more significant impact. How much is some one's life worth anyways? It seems like the movie erin brokovich where the company being sued offered nothing but Erin wanted a much larger some for her clients and she won because of the emotional appeal that she brought to the table. When I first started reading all the aftermath I was a little skeptical because it seemed like they were listing everything imaginable but some of the side effects were indeed horrendous. I guess if I were in the victims position I would seek the maxiumum amount of money. I think that the defandants amounts were way too low but that the victim was shooting a little to high by mentioning her "potential" earning if she were to work on her own. I also believe that it should primarily be paid by the city because they knew about this problem area and did not fix it. Was the victim wearing her seat belt and if she was/n't would it have made that much of a difference? If it had been a person from a lower status they probably would have been lucky to get a lifetime on disability and break even on medical expensses. If she would have died would they still have sued for possible lifetime earnings?obviously though psychologically what one person is worth amounts to more than just some monetary amount its so hard to find a price but with law only certain things can be taken in to account like actual financial losses even though you are able to seek compensation for emontioal duress etc.. unlike crimnial court, civil court the findings do not have to be beyond a reasonable doubt but rather “preponderance of the evidence,” and it does not have to be unanimous among the jurors either. I am curious as to how one prices someone's life is there a formatted worksheet like a tax worksheet that you put in some numbers and ta dah! you have an exact amount someone is worth. It is a very interesting concept I wonder how much Id be worth. I wonder how much her attourney recieved since that is usually where they get paid from.
I too read about the case of Ms. S a 37 year old woman who was struck by a speeding car resulting in huge medical bills, disability, and loss of employment. Without a doubt, I believe that the driver responsible for this should be held accountable for paying all medical expenses present and future. I also think that since they disabled her for the future in her career they should have to pay damages in that. I would say an amount between 1 to 3 million would be an appropriate price to pay her.
I read the case about Ms. S who is a 37 year old womann who was hit by another car speed through a parking lot. I believe that the driver should be held accountable for his actions on this case. He should get away with it, no I think that he should pay her back for the damages that he cost her, including the medical bills after and following the accident. Like stated above about 1-3 million might do help out, but nothing can get her life back.
I'll refrain from restating the basics of the case, but I decided to award her the full 2.3 million she was asking giving $1.7 million in medical expenses, and an additional $600k for the 6 years of work she could have done (from the age of 37-42) at a salary of $100k/year.
In my portfolio I went into detail about how to make decisions about compensation and some of the major problems I see as contributing to this being one of the most difficult things for jurors to decide upon. I also included several interesting cases involving compensation that I found researching this issue on the net.
In another class with Dr. MacLin we discussed the importance of cash settlements and how they relate to the case. If a small one-man operation, lets say a plumber, is involved in a situation where some sort of monetary award is necessary, it is unlikely that a jury will award the plaintiff an astronomical amount of money. For one, it will completely bankrupt the small guy. Two, the plaintiff will never ever actually see the money they won. So there is a balance that must be reached with the amount of the penalty. It must be enough to actually penalize the defendant, but it must also be financially feasible for the defendant to pay.
In this case, I would definitely award Mrs. S the entire amount, because the city and insurance company of the driver at fault have big pockets, certainly big enough to cover a few million. What's difficult in this case though is that Mrs. S is not the only victim in the country, or even in that city. I would need to have the numbers available to me (which I assume a jury/judge will have access to) in order to make a confident decision. The fact remains though, how many other people at this intersection deserve a settlement too? Shouldn't this penalty be big enough to ensure that City officials will proactively investigate other problem intersections, reducing traffic accidents, and injury to their constituents?