Your first point is only sometimes valid as damages do depend on the severity of the injury, just as in any other case. See http://www.nytimes.com/1999/10/08/bu

Your first point is only sometimes valid as damages do depend on the severity of the injury, just as in any other case. See http://www.nytimes.com/1999/10/08/business/fen-phen-maker-to-pay-billions-in-settlement-of-diet-injury-cases.html http://www.nytimes.com/1999/10/08/business/fen-phen-maker-to... for a class action suit involving serious injury.