An Overview of Tort Reforms

A tort is a civil wrong that results in another party's loss or harm and triggers a legal liability for the party who causes the wrong. Personal injury cases fall under torts. Tort reforms are a group of legislative changes that change the way these injury claims work. Below is an overview of tort reforms.

The Major Reforms

Tort reforms take different forms and have multiple objectives. Below are some of the areas tort reforms cover.

Shared Liability

States handle shared liability in different ways. One example is joint and several liability, which holds a single defendant liable for damages that a group of defendants has caused. Some tort reformers argue that the legal principle is unfair and states should eliminate it.

Damages

Reformers have enacted or proposed different changes to damages. For example, some people have called for:

• Limits on punitive damages
• Damage settlement in installments
• Limits on non-economic damages

Proponents of these reforms argue that damage payments sometimes cause an undue burden on defendants.

Contingency Fees

Injury lawyers typically charge their fees as a percentage of the settlement money. A contingency fee is the legal language for such charges. Some people want to limit how much lawyers can charge as contingency fees.

Dispute Resolution

You can resolve a tort claim in different ways. For example, you can:

• Negotiate with the defendant one-on-one
• Have a mediator help you negotiate with the defendant
• Have an arbitrator help you settle with the defendant
• Litigate the case in court

Some tort reformers argue that litigation is time-consuming and costly. They want tort laws to force defendants and plaintiffs to try alternative dispute resolution methods before litigation.

Arguments For

Proponents of tort reforms have strong arguments for their stance. For example, they argue that:

• Juries are typically over-sympathetic to injury victims and can award unreasonable settlement amounts.
• Unreasonable jury verdicts increase the cost of doing business and affect society.
• Tort cases consume resources that the government and society can spend elsewhere.
• Many frivolous cases end up in court even though they shouldn't.

According to proponents of these reforms, the changes will benefit everyone, from defendants to injury victims, and even the government.

Arguments Against

Tort reform is not without its opponents. For example, some people claim that:

• Juries should be free to award whatever amounts they think necessary as damages because that is how democracy works.
• Many of the proposed tort reforms are unconstitutional.
• Everyone should be maximally liable for the harm their actions might cause.
• Tort reforms will discourage lawyers from handling cases.

Strong claims from both sides of the divide mean tort reforms usually take a long time to enact, if at all.

Effect on Injury Cases

Tort reforms have already affected different forms of torts in various ways. For example:

• The reformers have mostly succeeded with medical malpractice law. Damage caps exist, litigation has fallen, and pre-lawsuit actions have increased.
• Reforms on personal injury cases, such as auto accident claims, have been minimal, especially on economic damages.
• Some states have targeted specific injuries for the reforms. For example, at least one state requires victims of asbestos exposure to get a medical diagnosis before filing a claim.

The debate on tort reforms has not ended, and further effects might arise in the future. What is true today might not necessarily be true tomorrow.

Fortunately, you don't have to be conversant with all the latest tort reforms. Wegner & Associates have practiced personal injury law for over 40 years. We will explain how tort reforms can affect your case and give you measures you can take to maximize your recovery. Contact us for a free initial consultation to review your case and determine how to proceed.