... The problem with this game though (and going back to my original post) is that $1 is worth a lot less to State Farm than it is to my client or me.
In other words, if I have a minor impact soft tissue case that has merit, State Farm can afford to spend $15K on the case on attorney fees to litigate the case. I can't afford to put that kind of time in to such a case that is a 50/50 proposition. My client oftentimes also cannot afford to go through the hassle or take the time to see the case through litigation.
So yes, it is a game, but it is set up in such a way that the insurance companies have a huge advantage.
Capping awards (the subject of my OP) would only further tip the scales in the favor of the insurance companies.