Contact Us
Blog
Subscribe to this list via RSS Blog posts tagged in tort reforms

insurance companies denying claims, Chicago personal injury lawyerInsurance companies spend billions of advertising dollars on television ads, radio commercials, and print advertising to convince you that they are trustworthy, that they will be there when you need them. Unfortunately, their marketing tactics are nothing short of deceptive; rather than honor your injury or wrongful death claim, they will do anything and everything they can to wear you down and get you to settle for less than fair compensation. If they can, they will blame you and completely deny your claim.

But their actions go well beyond the dodgy practices of denying claims and getting victims to settle for less; these same insurance companies are also one of the key players behind movements known as “tort reform” – laws and legislation that violate the 7th amendment rights of citizens by restricting their right to a jury trial for their injuries or losses.

Who Really Benefits from Tort Reform?

...

tort reform supporters, Chicago personal injury lawyersIn Illinois, and all across the country, people are being told that our justice system is broken and that patients are frivolously suing (and winning against) innocent doctors, nurses, and hospitals. But, like many of the stories spun by tort reformers, such claims are untrue. If anything, evidence shows that not only is our system not “broken,” only a small percentage of injured patients ever actually pursue a medical malpractice claim.

Statistics Hidden and Ignored by Tort Reform Supporters

According to recent information, anywhere from 210,000 and 440,000 patients walk into a hospital in search of care and never walk out. Determined by the Journal of Patient Safety, this information places medical errors third on the list of leading causes of death in America, just behind heart disease and cancer. Even more suffer a nonfatal injury that somehow alters their way of life—as many as 600,000 annually, according to Harvard researchers. And yet there are only about 85,000 medical malpractice lawsuits filed each year.

...

tort-reformFiction can provide hours of entertainment, give us a momentary escape from reality, and encourage us to tap into our creative, youthful self. But there is a time and a place for such fanciful notions, and it is not in the legal arena. So why do tort reform supporters use extravagant, exaggerated, and sometimes even completely fabricated stories when discussing the legal system today? Bottom line: because those stories support their message.

Behind the Curtain of Tort Reform

Tort reform is backed by some pretty powerful players, such as insurance companies, manufacturers of dangerous or defective products or chemicals, and other major corporations, who use their funds to sway people in their direction. Driven by the desire to protect their assets and increase their bottom line, they want to make it nearly impossible for anyone they kill or injure along the way to receive compensation. To achieve those goals, they literally purchase the help of the keynote speakers—government officials, defense attorneys, the media, and other influencers.

...

tort reforms, Chicago product recall attorneysThere was a time when corporations cared about their products and the effect they had on the general population. It was a time when companies worked hard to prevent the distribution of defective products; when the system failed and a defect did make its way to the public, the issue was quickly rectified. In some ways, it is an indication of just how much values have changed over the years, but it is an even stronger indication of how the decisions made by lawmakers, legislators, and courts have diminished the sense of accountability for large corporations.

Punitive Damages and Corporate Accountability

Punitive damages and corporate accountability go hand-in-hand because, when a corporation has the fear of being hit with damages above and beyond just the typical damages, they are less likely to gamble with the lives of their consumers. But punitive damages have become nearly non-existent, with some states placing caps on the amounts and others doing away with them altogether. As a result, corporations have begun to weigh the cost of continuing to produce defective products against the cost of correcting the problem or pulling the product altogether.

...
To Top