Tort Reform




Tort Reform

What is tort reform?

Tort reform is a series of modifications or eliminations of current civil tort laws, which are designed to protect victims who suffer serious personal injury due to the negligence or wrongdoing of another party.

Legislators on the state and federal level are implementing various strategies that could prevent injured victims from filing claims against a wrongdoer, reduce a victim's rights to receive full compensation for their losses and suffering, and reduce the liability of those who caused harm.

Why is tort reform bad for Americans?

Under our current judicial system, those who have been injured because of another's negligence or wrongdoing have the constitutional right to file a personal injury lawsuit to seek recovery for their losses. However, tort reform laws take away this right and allow wrongdoers to get away with negligence and/or harmful misconduct.

Furthermore, tort reform takes away a victim's right to a fair trial, in which a judge or jury evaluates the evidence brought forth in the case and determines the liability and compensation amount on an individual case basis.

Strategies of tort reform

There are many strategies of tort reform that have been or are currently being implemented in different states. Many of these tort reform strategies have a huge impact on personal injury victims, denying them the right to get the compensation they are entitled. The following are some examples of tort reform strategies that could affect you:

Caps on damages – Many states have created or amended legislation to cap intangible non-economic damages such as pain and suffering, loss of consortium, and more. Furthermore, limits on medical malpractice awards are a recent topic of controversy, which involves proposals to cap all malpractice claim settlements at $250,000 regardless of the seriousness of the injury suffered. Caps are also implemented to reduce the punitive damages awarded in cases where a defendant's actions were malicious or deliberate.

Statute of limitations – Many states are currently modifying the statute of limitations laws to reduce the amount of time a victim of personal injury has to file a lawsuit. In most states, these statutes are arbitrarily amended and take away the right to file claims regardless of the seriousness or extent of the injury suffered.

Structured settlements or “period payments” – Structured settlement laws will allow a wrongdoer to request, or a court to require that the payments awarded to the victim in a case be made over an extended time period, thus prohibiting a victim from receiving a lump sum. This further increases the suffering for victims who face financial hardship after an injury and are denied a large sum of money to pay for high medical costs and more.

How does tort reform affect me?

If you have suffered a serious personal injury at the hands of another party, tort reform may take away your ability to hold the wrongdoer responsible and receive fair compensation for your losses and suffering. To best protect your interests, it is vital that you seek the immediate assistance of a qualified and experienced personal injury attorney who can evaluate your case and inform you of your legal rights.

Please contact us today to speak with a qualified attorney who is dedicated to protecting your legal rights and getting you the full compensation you are entitled.

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