Tuesday, November 2, 2010

Election debate and Tort Reform

It is election week and there is suddenly discussion about "Tort Reform."  Businesses seeking to lower costs argue that there would somehow be more jobs if accident victims were somehow prevented from filing lawsuits or limited in their right to recover compensation for their losses. 

While I have yet to see one job "made possible through Tort Reform," I have had a number of clients who agree in general terms with these arguments only to find themselves accident victims. When I explain why Tort Reform statutes eliminated their right to recover from a negligent party because of "immunity,"  why those same statutes require the accident victim to shoulder the risk of a lawsuit only to be required to repay workers compensation or health insurance benefits, and why those same Tort Reform laws impose the risks of clients having to pay attorney fees even if they "win" their case, a common response is that this protection of wrongdoers only encourages future misconduct. 

They are right.  However, the Tort Reform laws remain.  That is why every accident victim must remember to play their hand smartly.  See http://www.junelawyer.com/