BerettaNut92
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What is this?
Tort Reform?
- Thread starter BerettaNut92
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durango
Member
Essentially it means lawsuit reform. The latest push is to place caps on "pain and suffering" damages in order to get runaway lawsuit settlements under control. The trial lawers are spending alot of money to fight it, however, since they stand to lose the most.
Tort = legalese for "wrongful act" like, e.g., injuring somebody in a car wreck or them slipping on your sidewalk. They sue you in an action in tort.
Their lawyer probably signs them up on a contingency fee basis where they neither pay any expenses nor lawyer's fees. The lawyer usually gets around 40% of what "the injured party" wins or settles for.
Since the plaintiff suing you has no expenses even if YOU win, there's no impediment to him suing you. It's all the lawyer's guess on whether he can make money championing the injured party.
Tort reform is a hot button issue to make such lawsuits more onerous for casual plaintiffs and lawyers who really stretch the facts to squeeze money out of defendants' insurance companies.
The "reform" part of it would better be termed "change", and businesses want it because of the exhorbitant punitive damage judgments that come from tort cases.
It all loops around to average citizens, those serving on juries. Remember the elderly lady who spilled coffee on herself as the car she was riding in left a McDonalds? Whose fault? Hers and the driver's. A jury, however, awarded her something like $5 million! If jurors collectively had the sense of a goat, they's say "your fault lady, you pay the legal fees for bringing this ridiculous claim." They can on the first point, but they can't on the second.
There isn't any specific plan to reform actions in tort, but many are pretty sure changes should be made.
Their lawyer probably signs them up on a contingency fee basis where they neither pay any expenses nor lawyer's fees. The lawyer usually gets around 40% of what "the injured party" wins or settles for.
Since the plaintiff suing you has no expenses even if YOU win, there's no impediment to him suing you. It's all the lawyer's guess on whether he can make money championing the injured party.
Tort reform is a hot button issue to make such lawsuits more onerous for casual plaintiffs and lawyers who really stretch the facts to squeeze money out of defendants' insurance companies.
The "reform" part of it would better be termed "change", and businesses want it because of the exhorbitant punitive damage judgments that come from tort cases.
It all loops around to average citizens, those serving on juries. Remember the elderly lady who spilled coffee on herself as the car she was riding in left a McDonalds? Whose fault? Hers and the driver's. A jury, however, awarded her something like $5 million! If jurors collectively had the sense of a goat, they's say "your fault lady, you pay the legal fees for bringing this ridiculous claim." They can on the first point, but they can't on the second.
There isn't any specific plan to reform actions in tort, but many are pretty sure changes should be made.
In my 50+ years of life, having never had a good outcome with any contact in the "legal profession", (including a class-action thing that dragged out for 10 years, plus being sold out TWICE by our legal team) I prefer Sir William Shakespeares idea of Tort Reform.......
"First thing, let's kill all the lawyers"
disclaimer....If you are an honest, stand-up & straight-forward attorney, my apologies.
"First thing, let's kill all the lawyers"
disclaimer....If you are an honest, stand-up & straight-forward attorney, my apologies.
In Kali, we have a law where a suite can go forward without anyone being damaged. It is under a "class action"/consumer protection setup. John and Ken, KFI radio 640 AM personalities, are following the Trevor Law Group who are extorting small businesses by filing suite in the name of a straw corporation they set up. Restaurants, garages, whoever. They have filed thousands of suites then settle for amounts varying from a few thousand to 10's of thousands. Kali is the only place they can do this. Trial Lawyer's Assoc. is preventing changes in the law by massive contributions to the politicians. We all pay the price. Tort reform would help deal with the bad apples in the legal profession. Sorry El Tejon, you are swimming with sharks.
Henry Bowman
Senior Member
99.9%
Really, it's just 99.9% of the lawyers that give the rest of us a bad name.
Really, it's just 99.9% of the lawyers that give the rest of us a bad name.
- Joined
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Shakespeare "Kill all the attorneys" is actually a compliment to that profession. Attorneys were seen as the defenders of rights and they stood in the way of absolute power.
The big fight against tort reform will be between the trial lawyers' associations (and many of our elected officials are attorneys) and the insurance industry. I hate the insurance industry (which I recognize as a necessary evil) but I'd rather they win this one. When mfgs, distributors are sued because of a failure to warn, for instance, not putting your ladder leg on slippery wet feces or as in California, when the burglar falls through your skylight because you didn't put bars beneath it to break his fall, it becomes ludicrous.
I'd rather put stakes & drip pans beneath a skylight.
The big fight against tort reform will be between the trial lawyers' associations (and many of our elected officials are attorneys) and the insurance industry. I hate the insurance industry (which I recognize as a necessary evil) but I'd rather they win this one. When mfgs, distributors are sued because of a failure to warn, for instance, not putting your ladder leg on slippery wet feces or as in California, when the burglar falls through your skylight because you didn't put bars beneath it to break his fall, it becomes ludicrous.
I'd rather put stakes & drip pans beneath a skylight.
rock jock
Member
Tort Reform?
Better desserts through culinary regulation.
Better desserts through culinary regulation.
Big Democrat supporters
The Trial Lawyers Association is one of the biggest supporters of the Democrat party. These are the guys who sue people for a living and it's in their best interest to win BIG lawsuits, frivilous or not. Bring these guys into line and you will see healthcare costs drop, companies doing legitimate business (like gunmakers...) not being sued out of existence, etc....
The Trial Lawyers Association is one of the biggest supporters of the Democrat party. These are the guys who sue people for a living and it's in their best interest to win BIG lawsuits, frivilous or not. Bring these guys into line and you will see healthcare costs drop, companies doing legitimate business (like gunmakers...) not being sued out of existence, etc....
Beer for my Horses
Member
There's a more important issue involved in tort reform than trial lawyers vs. insurance industry. Tort reform proposed by the federal government raises serious states rights and 10th Amendment issues. In my opinion, the Constitution does not empower the federal government to regulate the state's common law tort systems, one of the most core state powers possessed. I'm all in favor of tort reform if enacted by the states, such as Arizona passed here a few years ago, but not by the federal government. It's an issue of federalism.
El Tejon
Member
fog, do you know why Billy wrote "kill all the lawyers" from the mouth of a tyrant??? I always get a kick from the poor, frustrated souls that cite that and then forget the reason he said that.
Tort reform=2 words, English Rule!!!
I always get a kick from the poor, frustrated souls that cite that and then forget the reason he said that.Tort reform=2 words, English Rule!!!
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