You may or may not be familiar with the phrase "tort reform." Wikipedia defines tort reform as "proposed changes in the civil justice system that would reduce tort litigation or damages." What is "Tort?" It is a system within our laws set up to compensate injured parties for harm done to them by someone or something else. Limiting tort litigation doesn't necessarily sound like a bad thing, until you start to think about what tort reform really means for Americans.
In recent years, proponents of tort reform have focused particular attention on personal injury law, crying foul when an injured person is awarded a large verdict amount. According to a recent article by Andrew Cohen, corporations have brainwashed millions of Americans into believing that tort reform will save them from the greedy trial lawyers who are getting these big verdicts. Cohen writes that in truth, the verdicts are decided upon by everyday people--the jurors who sat and listened to the injuries caused by a corporations' wrongdoing and voted to award a big verdict to help offset the cost of medical expenses and lost wages the claimant had suffered. "Each time a jury awards a large sum to a plaintiff against a negligent defendant, it's a statement from jurors that the sort of conduct alleged and proven is worthy of punishment by the community."
Now, if you think about big corporations and what would be in their best interest to lobby for, tort reform is the perfect solution in two ways. First, they convince millions of Americans that the trial lawyers who help them right their wrongs are the bad guy. Then, they lobby the legislators to change the laws so that consumers have such a limited ability to recover damages that they can no longer find attorneys willing to help them try. According to Forbes reporter Daniel Fisher, tort reform is "A catchall phrase for legislative measures designed to make it harder for individuals to sue businesses."
Now thanks to tort reform, instead of fostering an environment of corporate responsibility and an incentive for carefulness, the American people will no longer have a level playing field to fight against big businesses. Do you really want your elected representatives to vote away your right to recover when someone injures you?
