An improved, workable, and sensible test for "excessiveness" in the area of personal injury awards must be established. It is fairly easy to confuse "excessive" with the concept of "large" or "high" awards. In some particular instances perhaps relatively larger or higher awards are proper in today's economy. But, the bulk of over a million injury cases is at a level fairly easy to classify and thereby to compensate properly. When proper standards are established, then awards become excessive when they go beyond this just and equitable measure. Classifications and guides for the vast majority of personal injury claims will save the American public millions of dollars yearly in insurance premiums. Also, prompt settlements and decreased litigation will help immeasurably in reducing the courtwork on trial and appeal.
Anthony R. Nardi, Excessive Personal Injury Awards; A Problem and a Recommendation, 1(2) Clev.-Marshall L. Rev. 23 (1952)