Politicians & Personal Injury in DC, Maryland and Virginia

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Posted on Feb 22, 2019


You may have seen in the news that Sen. Rand Paul got beat up by a neighbor, wound up with six broken ribs, bruised lungs, and $580,000.00 that a jury awarded for his injuries.

The guy who beat him up, apparently ran onto Paul’s property when he wasn’t looking and tackled him. He earned himself 30 days in jail, plus a year of supervised release.

Here’s some hypocrisy in the story. Rand Paul, who has been decidedly in favor of limiting the amount of damages people can win in a personal injury lawsuit, himself was awarded more $375,000.00 in punitive damages (punishing) $200,000.00 for pain and suffering (noneconomic), and $7,834 for medical treatment (economic). As it turns out, Kentucky state law has no limits on the amount you can recover for an injury lawsuit. So, as you can imagine when push came to shove Mr. Paul certainly believed that his injury was worth all the actual, punitive, and pain-and-suffering damages that he won.

He trusted a jury of his peers to determine what was fair and reasonable, not some politician.

Should be the same for all of us, don’t you think? As current policy stands, in Virginia there is a limit of just over 2 million-dollars on everything you can recover in a medical malpractice case. It’s not based on your actual damages or actual needs – just what the politicians say it should be… The reality is these laws hurt the people with the most catastrophic injuries – amputations, brain damage, paralysis. But they also help corporations and HMOs get away with malpractice, because let’s face it – 2 million dollars is a drop in the bucket for them, and won’t force them to change their ways. Which means the next test that wasn’t followed up on, or checklist not followed, or specialist not called in, could turn into your medical emergency, or mine.

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Frank R. Kearney, Attorney-at-Law
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