Tweaks made in 2011 to
That will include family members who consider filing civil lawsuits against
Durham announced earlier this week it will cover all hospital, medical and funeral expenses.
In the early 2000s,
"The cap applies to all personal injury awards," said attorney
Hamilton said he sued
"They're a very big company. They're very well off. And they have plenty of insurance," Hamilton said of Durham. "For a child, which is the context we're talking about, the money goes to the parents. And
What's more insulting, attorney
"And keep in mind, the judge can always reduce them," he said. "
Earlier this week, a parent of an 8-year-old boy injured in the crash filed a lawsuit against Walker and Durham. The suit said the child suffered in body and mind and incurred considerable medical and other expenses. Because medical expenses are considered economic damages, they aren't capped, Hamilton said.
One lawsuit can assert claims for medical expenses, pain and suffering, and any other non-economic damages. In
However, if a jury returned an amount higher than
The issue has drawn rebuke from Judge
Walker, the bus driver, faces six counts of vehicular homicide, one count of reckless driving and one count of reckless endangerment. He is scheduled to appear Tuesday in
Grieving families who want to hold him and Durham financially accountable for their loss have the freedom to file individual civil lawsuits against them, said
"But when you talk about negligence that takes a life,
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