Talking Tort Reform…much different from “torte,” trust me.
Add the -e to the ending of the “tort” and you will be looking up a recipe instead of understanding this serious law issue continuously occurring.
Simply put, a “tort” is a civil disagreement in which one was harmed/injured which must then have a court impose liability. And when reform is discussed, this is an expression of how to carry out the outcomes that derive from these cases.
reference for this information as well as more info to link is: https://www.law.cornell.edu/wex/tort
WHY IS THIS REFORM IMPORTANT TO ME?
Tort Reform is an issue that dates back all the way to the 1950s and insurance companies were those that led the way and continue to today. It raises many issues that may not have an immediate impact on many people’s lives, but in any situation where one may have been wronged in the civil sense, the application is absolutely necessary.
reference for this information as well as more info to link is: http://tortreformtruth.com/about-tort-reform/history/
It’s a two sided issue that is claimed, first by the citizens of the United States, then second by those it then affects, doctors and large corporations.
If tort reform gains strictness, for citizens the issues are as follows: lobbying, unfair legislation, diffuclty of creating a case, and caps on damages. If it is left the way that it is, for the corporations: claims that insurance prices are much too high, business chances of survival are lower.
reference for this information as well as more info to link is: https://www.sgglaw.com/the-problems-with-tort-reform.html
WHERE DOES THIS ISSUE APPLY IN SOCIETY? WHAT DO I NEED TO KNOW?
There are damages that are awarded in these cases: punitive, compensatory, non-economic, and economic. Punitive are meant to punish the corporation in hopes this will act as an incentive to make it never happen again. Compensatory act as a way of paying for the damages that have occurred. The non-economic include ideas such as pain and suffering, and the economic are calculated by loss as well as expenses/bills.
reference for this information as well as more info to link is: http://yourbronxlawyers.com/blog/what-are-economic-damages-vs-non-economic-damages/
One case in particular stands out when discussing this issue, is the one of Liebeck v McDonalds, better known as “the hot coffee case.” When a women spilled hot coffee on her lap that was found to be outside protocall that McDonald’s enforced, as well as her gaining third degree burns with this happening, she wanted compensation. The jury orignally awarded punitive and compensatory of 2.9 million dollars but ultimately was reduced to a total of near 700 thousand dollars. After this, others in the nation followed suit and tried to gain money in the same form in cases that were deemed to be very unnecessary , this called for reform to be needed.
reference for this information as well as more info to link is: http://www.lectlaw.com/files/cur78.htm
Medical Malpractice is an issue that also occurs today because of the rate of insurance that practices are recieving as well as the cap on damages that are in place. This effects the way that docotors provide care, as well as how patients recieve.
Almost half of the states within the United States have passed legislation that creates caps on medical damages that a plantiff can recieve. These apply to the “non-economic” damages.
reference for this information as well as more info to link is: http://www.nolo.com/legal-encyclopedia/state-state-medical-malpractice-damages-caps.html
WHY ARE CAPS PLACED?
After the Liebeck case among others, there was worry that jurors gave damage awards out of pity and misconduct of the injured as well as unfair awards. They are meant to keep business as well as insurance safe. However disputes have arisen that it is a restriction of rights given by the Constitution and both sides remain adament that they are correct.
TORT REFORM, GET ME TO THE POINT
“Tort Reform” are changes that are working to be enacted in the civil justice system so that victims have a more difficult ability of bringing this litigation forward as well as the damages entailed in an effort to save the large systems that are present in the United States, but limit rights.
reference for this information as well as more info to link is: https://www.hg.org/article.asp?id=35441
HOW CAN I GET INVOLVED?
For more information and ways to get involved one can follow the link of http://www.atra.org, or get involved in nearby politics as this is current legislation in the making.