Tort reform has been a heated topic of debate for quite some time among legal professionals in the United States. For those on the outskirts of the debate, understanding the issues that come along with tort reform can be a little confusing at first.
To understand tort reform, one must understand the definition of a tort. Simply put, a tort is a non-criminal civil wrong that is caused either on purpose or through negligence. Or, to put it another way, torts are civil cases in which an act, intentional or otherwise, has caused injury (physical, mental or monetary). In such cases where a tort is committed, the injured party has the right to sue the wrongdoer for damages.
Examples of torts include medical malpractice, assault, false imprisonment, and negligence, such as in asbestos exposure cases that cause mesothelioma.
Once the definition of tort law is known, understanding tort reform becomes much easier. Tort reform is essentially any attempt to limit someone’s rights to seek redress in a court of law for a civil wrong. The most common form of tort reform is the placement of limitations on the amount that can be sought through a civil suit. For example, a particular medical malpractice case may only allow the injured party to claim a maximum of $100,000. Placing a statute of limitations on the amount of time a person has to file a claim is another example of tort reform; this particular aspect of tort reform has a significant effect on the rights of mesothelioma victims to seek financial compensation for their exposure.
In a nutshell, tort reform proponents seek to limit the liabilities of negligent and knowingly injurious parties. In fact, the strongest backers of tort reform are big corporations and big insurance companies — those with the most to lose by tort lawsuits.
The proponents claim such laws will reduce frivolous lawsuits, therefore reducing the cost consumers pay for insurance and products. As you’ll learn in an upcoming post in the series, tort reform that has already passed has done nothing to decrease the cost the average consumer pays; it’s a diversion to help protect the interests of big corporations and a cover-up to hide the fact that they’re trying to take away your rights to a trial by jury.
Tort reform takes away the rights of the victim. If you are concerned that your mesothelioma case may be affected by tort reform, please contact a SEG Law mesothelioma attorney at 1-866-632-7574.
Tags: asbestos, defense tactics, mesothelioma, tort reform
