Tort Reform Summary
A tort is an action in which damage is caused to another which is a matter for civil court. They may not necessarily be considered crimes and are thus not subject to criminal prosecution, but involve some civil liability nonetheless. Certain actions can fall into both categories. Debates exist for the reform of certain regulations surrounding the ways in which torts are addressed in the legal system. These proposed changes relate to several different areas, some of which are as follows:
- Noneconomic damage caps: Some propose that if a complainant has been damaged in a noneconomic capacity, such as being rendered infertile, limits should be placed on the amount of compensation they receive. If this were put in place it would be a disservice to those who are most vulnerable, such as children, the poor and the elderly, as they have little economic value to begin with.
- Punitive damage caps: Punitive damages may be awarded in the face of outrageous behavior, such as marketing a drug known by the company to be harmful. Such caps would greatly reduce or negate any dissuasion which previously existed to keep such entities from gross wrongdoing.
- Product liability curbs: These would put in place limitations on suing in relation to certain types of products, impose certain statutes of limitation and create stricter requirements for what harm could lead to compensation. Such limitations inhibit the consumer's right to protection.
Personal Injury Lawyer in New York City
If you are ever in need of a New York City personal injury attorney, it is in your best interests to have them be able to work as freely as possible with regard to pursuing compensation. At
HKD, we will always seek to protect your rights and our ability to perform our duties so as to achieve this. We feel strongly that you should be fairly compensated if you have been injured due to the actions of another and will work tirelessly in pursuit of this.
Why is tort reform bad?
Tort reform is a series of efforts to change civil tort laws which protect victims and penalize those who harm them. Tort reform advocates propose, among other things, that there be limits on the ability to file a personal injury claim and a cap on the awarding of damages. It could prevent you from filing a claim against a wrongdoer and reduce the amount of compensation you would get. Without a system that requires people to pay for the damage their faulty products, premises, and negligent acts cause, there would also be no way to ensure your general safety. Creators of dangerous products are encouraged by current tort laws to improve their products or else risk paying a great deal more money down the line in lawsuits. This is not reform for the people, it is reform that only stands to benefit industry and business professionals who do not want to pay for their own mistakes.
Contact a New York City personal injury lawyer
for help protecting your rights.