“Where is it written, that the tort system, and the tort system alone, must be the guiding force in determining who gets what?” It’s a good question.
“Money is a pretty poor substitute for loss,” Feinberg said.
In “Who Gets What,” he also points out that other cultures have different ways of offering compensation, and it often doesn’t involve money. “It is,” he concluded, “the limit of what we can do.”
It is also the American way.
Who Gets What: Fair Compensation After Tragedy and Financial Upheaval