What is Tort Reform?
Tort reform is essentially a law designed to reduce litigation. These laws typically focus on a specific injury. Some tort reform has been enacted in certain states, while others have been passed by the federal government. Tort reform has its favorable and unfavorable characteristics, no doubt.
Where Does Tort Reform Come From?
In the 1970s, in response to the increase in lawsuits as people in the United States became increasingly litigious, insurance companies and large corporations led a movement to revise the civil justice system. In the 40 years since proponents of tort (civil liability) reform claim that Americans are running to lawyers for non-debilitating and manufactured injuries just to profit from a property owner or business.
And Americans have been rewarded for their litigiousness, with many of those injured being compensated in the multi-millions. As a result, tort reform advocates have worked to enact legislation to limit personal injury lawsuits and reduce or deny monetary settlements.
In the mid-2000s, efforts to reform tort law resurfaced when corporations and medical providers purported that frivolous lawsuits for exaggerated or fraudulent injuries were extortion of property owners and medical professionals, an unjust legal shakedown.
In many ways, tort reform advocates have succeeded.
How Do Tort Reform Bills Hurt Personal Injury Cases?
Consequently, tort reform bills were passed that significantly limit the damages an injured victim can recover from a person or entity that has harmed them. In general, because of tort reform, it’s now harder for injured victims to win lawsuits.
Unfortunately, victims who suffer injuries because of the reckless, negligent conduct of another may face a lifetime of medical issues and a radical decrease in their quality of life, which means tort reform is short-sighted.
Throughout the U.S., one of the most significant areas tort reform has affected is medical malpractice. Though victims injured by medical practitioners may suffer a lifetime of issues rising into the millions of dollars, caps have been set on the damages they’ll be awarded because of tort reform.
While frivolous claims shouldn’t be compensated, legitimate lawsuit awards have declined, and winning fair personal injury claims has become more challenging for individuals who have been wrongful hurt due to the negligence of another person or entity.
Shreveport Tort Reform Attorney
Despite tort reform, The Greenwald Law Firm has won settlements that are 6 figures plus for our Shreveport and Bossier City clients. With over 20 years’ experience handling devastating and complex personal injury claims citizens of Louisiana, our success is a direct reflection of our passion and dedication to ensuring our clients are justly awarded when they’ve been injured because of recklessness or negligence of another person or entity.