Class Action Lawsuits and Lawyers

The equity implications of the two approaches would differ, however. According to some conceptions of equity, limiting victims' access to compensation for pain and suffering is problematic if it is done by legislative fiat but not if it results from the victims' own choices (provided those choices are adequately informed and voluntary). A third option focusing on nonpecuniary damages--known as unlimited insurance subrogation (or substitution)--would allow insurance policies to specify that the insurance company would collect all of a liability award or settlement paid by an injurer for an injury covered by the victim's policy.(5) In contrast, the limited subrogation allowed under current law lets a company receive only the portion of an award that is necessary to reimburse it for benefits paid under its policy.
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Class Action Lawsuits and Lawyers

1, no.1 (Williamsburg, Va.: National Center for State Courts, August 1995). 12.
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Class Action Lawsuits and Lawyers

In addition, several federal bills considered in recent years have proposed limits in specific contexts. Examples from the current Congress include the Asbestos Compensation Fairness Act of 2003 (H.R. 1586), which would prohibit punitive damages in asbestos cases, and the HEALTH Act of 2003 (H.
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Class Action Lawsuits and Lawyers

v. Campbell, 538 U.S. ___ (2003).
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