Tort Reform & Personal Injury

January 26th, 2018

Before we get into the discussion of tort reform, it’s important for you to understand what a tort is. A tort is a wrongful act that injures or interferes with another’s person or property. Torts can be either intentional or negligent. As you know, the Bottaro Law Firm focuses on personal injury claims which are mainly based on a person’s negligence. A person who is negligent did not intend to harm another person, however that person is still held legally responsible because of their careless actions. Subsequently, the tortfeasor, or person who caused the injuries, will be held to a reasonable person standard which will determine whether or not a reasonable person would have acted as the tortfeasor did in similar circumstances.

What Is Tort Reform

According to Justia, tort reform is a group of ideas that are designed to change the laws of the civil justice system so that tort litigation and damages are reduced. The tort system was created to outline compensation methods and amounts for wrongs and harms committed by one party to another person’s property or protected interests. Subsequently, tort reform makes it more difficult for injured people to file lawsuits because it limits the amount of money or damages that an injured person can recover for their injuries. Additionally, tort reform makes it more difficult to obtain a jury trial if a claim goes to trial.

Why We Have Tort Reform

During the 1970s, insurance companies and large corporations were determined to attack the civil justice system and change rules of law through public perceptions and legislation. Advocates of tort reform wanted to persuade the public that the civil justice system was corrupt and negatively affected the economy. Consequently, advocates lobbied campaigns and made advertisements to convince the public that the judicial system was biased towards plaintiffs which ultimately made insurance premiums skyrocket.

How Tort Reform Affects Personal Injury Claims

Personal injury claims range from dog bite cases to slip and fall accidents to wrongful death claims. However, the area that tort reform has affected the most is medical malpractice claims. Tort reform has placed caps on the damages victims of medical malpractice can receive. Consequently, the amount of damages paid to the victim is not dependent on the injury sustained or the consequences of that injury, but rather the capped amount that was set through tort reform. Justia reports that in states that have implemented medical malpractice lawsuit caps, average malpractice insurance premiums have dropped because rates of litigation have fallen. However, in ordinary personal injury claims like a motor vehicle accident, there is no limit to the amount of damages a victim can recover. In ordinary personal injury claims, victim’s are compensated based on the injuries sustained from the accident.

Contact Us Today

If you have been injured through the negligence of someone else, the attorneys at the Bottaro Law Firm can help you. Whether you were injured as a pedestrian, on a motorcycle, or while a passenger in a vehicle, we can do everything possible to obtain the compensation you deserve. Call or text us at 401-777-7777 for a free consultation or contact us online today.