Tort reform is a controversial subject that raises a lot of questions. This issue has two sides and both sides are very adamant about their position. Before deciding for yourself if tort reform is required, it is important to understand what it is intended to achieve and what it would entail.
Tort reform is a controversial subject that raises a lot of questions. This issue has two sides and both sides are very adamant about their position. Before deciding for yourself if tort reform is required, it is important to understand what it is intended to achieve and what it would entail.
Like many issues, tort reform has two conflicting sides. It is not as straightforward as you may think to decide if tort reform is necessary or not. However, by weighing the pros and cons against one another, you can form an opinion that is based on the facts.
Pros of Tort Reform
· Less Court Costs – At present, a lot of money is spent by the courts on personal injury lawsuits. Changing the current tort laws will lessen the amount of qualifying lawsuits and also significantly reduce the sum of money that courts spend when they hear tort cases. The goal of tort reform is to save the courts time and money.
· Better Use of Juries – With tort reform, juries will only be used on highly important cases. They will not need to be wasted on tort cases. This reform will reduce the number of tort cases that go to court and the number of juries that are used in these cases.
· Provides Help to Insurance Companies and Corporations – Tort reform will help save insurance companies and corporations punitive damages that they may have been required to pay in the past. It protects them from lawsuits and also provides other beneficial protection.
Cons of Tort Reforms
· Restricts Victims – Tort reform will restrict actual victims more and make it more challenging for them to prove their case. Lesser time frames is one of the aspects of tort reforms that could hinder actual victims and give them a heavier burden of proof.
· No Impact on Person at Fault – The biggest problem with tort reform is that its entire design is to make things more difficult for the injured party. The person who is accused of fault is the party that the reform actually protects. No matter how you look at it, you cannot view tort reform as fair or just.
What Tort Reform want to Achieve
Before delving deeper into the tort reform’s pros and cons, you should take a look at what tort reform is trying to achieve. A problem that tort reform laws want to supposedly change is the sheer number of lawsuits. What tort reform is looking to control is the type of personal injury or medical malpractice cases that can be filed. Tort reform will also limit the various kinds of injuries that can qualify for a claim.
The ability to control or limit the amount of damages that must be paid is another aspect of tort reform. There is a part of tort reform, which involves fixing the way that punitive damages are currently looked at. There are those who feel that punitive damage costs need to be changed entirely in order for the current system to be corrected.
If you or someone you know has been harmed or injured due to the negligent actions of your doctor, you should immediately consult one of the skilled and experienced medical malpractice lawyers at Rosenberg, Minc, Falloff, & Wolff of RMFW Law at 212-344-1000.
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