Tort Reform

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Tort reform is a general term that describes an array of efforts to promote and enact legislation in both state and federal courts to limit liability and cap compensation amounts awarded to victims of personal injury.

Tort reform aims to strip people of their right to recover adequate compensation a judge or jury may find them entitled to, depending on the severity of their losses. The result would be that large businesses, insurance companies, and organizations would face only small (or no) monetary penalties for fraud, gross negligence, and other dishonest behavior that may cause serious injury or death to millions of Americans.

Please see our section on Strategies of Tort Reform to learn more information about various tort reform legislation and tactics utilized by supporters to push their agenda.

What is a tort lawsuit?

A tort lawsuit, particularly a medical malpractice suit, allows those who have suffered serious injury or death as the result of a healthcare professional's negligence or wrongdoing the right to hold the party accountable for their losses. The goal of a tort lawsuit is to fully compensate the aggrieved victim for the economic and non-economic damages they have suffered as a result of the wrongdoing. While some cases are determined by a judge or jury in court, many tort cases are settled through out-of-court negotiations. Damages that may be recovered through tort lawsuits include, but are not limited to:

  • Physical and emotional pain and suffering
  • Lost or damaged assets
  • Past and future medical expenses
  • Lost earning capacity
  • Loss of enjoyment of life
  • Loss of consortium
  • More

Civil lawsuits also work to discourage those who committed a wrong from repeating the offense and help deter others who are contemplating engaging in similar behavior.

How Can Tort Reform Affect Me

Tort reform will take away your right to a fair trial, in which liability and the amount of compensation is determined after a judge or jury evaluates the facts in your case. If you or a loved one has suffered harm at the hands of a healthcare professional, it is important to seek the immediate help of a qualified and experienced medical malpractice attorney who can assess your case and inform you of your legal rights and options. It is vital to act fast as you may lose the right to file a medical malpractice claim due to new tort reform provisions. Please click here to consult with a competent and caring attorney who is committed to protecting your rights and helping you get the compensation you deserve.

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