ideally, punitive damages should be prohibited. By the very definition, punishment should be meted out in criminal not civil courts by elected district attorneys if and when a true crime has been committed. But given the corrupting influence of trial lawyer association money on Harrisburg, this will likely never occur.
However, there is an alternate solution to this problem:
- All punitive damages are deposited in the general fund and attorneys are not permitted to base fees on the amount of such damages.
Reasons:
- Punitivie damages are just that punishment, in other words, a fine. Only the government should be capable of collecting fines. individiual citizens have no claim on such fines.
- With politicians seeing $ signs, they might just finally buck the trial lawyers association, and their money.
- There would no longer be an incentive on the part of plaintiffs or trial lawyers to pursue punitive damages except in the most egregious cases.
-Defendants will be much more likely to settle on true damage claims now that they no longer have to live in fear of a massive punitive damage award. Currently so many are extorted to settle even when they are not liable just to prevent the punitive damage award. Conversely, those who truly wish to settle but fear that their offer will be used as an admission of guilt that will propel a larger unwarranted punitive damage.