Tort Reform

Tort reform is a term that has bandied about in political circles for years. The idea behind “reforming” the world of torts, or personal injury, is that it will reduce insurance premiums and prevent juries from overreacting to an injury and awarding “excessive” amounts in damages.

One of the biggest areas for tort reform is in the world of medical malpractice. Doctors and insurance companies that provide malpractice insurance are all for limiting the amount of “pain and suffering” damages that can be awarded by a jury to an individual that has suffered as a result of a doctor’s negligence. It is thought that limiting the amount that a jury can award will notably lower insurance premiums.

In the world of ever blooming expenses in the medical community, the idea has become popular in many states. Unfortunately, states that have enacted very strict tort reform measures have not experienced a significant drop in the insurance rates charged to their doctors. As a result, the cost of medical care has not dropped either.

While the idea behind tort reform is somewhat legitimate, all it really does is limit the access an injured person has to the court system and prevents him or her from being fully compensated for injuries. As the damages in torts are meant to make a person “whole” again, limiting what can be claimed limits the person’s ability to be made whole again by the courts.

Contact a Madison Personal Injury Lawyer

If you have been injured by someone’s negligent or intentional act and have suffered as a result of your injuries, contact the Madison personal injury lawyers of Habush Habush & Rottier S.C. ® at 1-800-242-2874 to discuss your injury, the circumstances surrounding your injury, and your legal options.