Re: Organ Transplant Debacle
Typically the damages go to family members and the estate of the deceased - which means parents in the case of kids. The law on wrongful death and recoverable damages varies by jurisdiction but tends to be well-settled and logical. I don't think it would work to give actual damages to some third party. It really is none of anybody else's business and should not benefit them. But some jurisdictions have thought about doing what you propose on punitive damages. On punitive damages it makes a lot more sense to give the money to those not concerned about the case. That is because the policy of punitive damages is to use the court's power to punish the defendant for reprehensible conduct whereas compensatory damages are designed to make the victims whole. I would favor a scheme that gives punitive damages (after a full fee of at least 40% to the plaintiff's attorney of course) to a worthy cause with a percentage going to the victim. Maybe 25% to the victim and the rest to some fund. I don't like the idea of it going to the government wthout strings, so I don't know exactly what I'd do with the money.
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