What is Tort Reform?
You cannot understand tort reform without a clear definition of what constitutes a tort or a tortious action. In simple terms, it means that someone’s actions, or lack thereof, has caused harm. The behavior can be viewed as negligence or even an intentional act. However, tortious actions are not criminal in nature. Remedies are sought out in civil court. Personal injury claims arising from accidents are considered tort actions.
Tort reform, as a national issue, has its roots in the mid-1980s. One concern is the number of lawsuits filed for what some viewed as menial injuries. Some states have attempted to combat the number of excessive awards allowable by law. You can read an interesting synopsis on national tort reform here.
We have previously provided you with some information concerning the lawsuit threshold here in New Jersey. Essentially, your right to sue is limited by choices made on your application for automobile insurance. These options came as a result of tort reform in New Jersey.
Medical Malpractice and Tort Reform
As we noted above, one of the promises of tort reform is that it will lower consumer cost. We think it is evident that this theory did not play out as intended. Even with the limitation on lawsuits, New Jersey drivers pay one of the highest premiums in the country. Now, the insurance companies have other targets.
Medical professionals pay exorbitant fees to protect themselves against medical malpractice claims. It is not an easy task to pursue such an action. Yet, some are lobbying to put restrictions on medical malpractice claims. There are those that argue that doctors are more worried about lawsuits than practicing good medicine. Of course, we submit that a sound medical practitioner considers his or her patients first.
Personal Injury Lawsuits
Tort reform has significantly changed personal injury law practices. However, as experienced attorneys in this field, the Law Offices of Anthony Carbone is up to date on changing laws and regulations. We support an individual’s right to sue for tortious actions and recover money damages for harm done to them. If you have been injured in any type of accident, please be sure to contact us to discuss it.