Tort Reform And Frivolous Lawsuits

An action done to an individual that resulted to an injuries or damages, therefore the injured party can file legal actions for it ("Tort Law - Tort | Laws.Com"). In order to recover from the injuries and damages the complainant can actually demand a compensation in a monetary from from the party who caused the injuries. There are two types of tort it can either be constitutional or personal. Constitutional tort is when the person's rights will be forbidden to him/her that is actually provided or from the Constitution while the Personal tort, is tainting a person's reputation intentionally which law will never tolerate ("Tort Law - Tort | Laws.Com").

Tort reform is very controversial issue. From the plaintiff’s perspective, tort reforms seems to take liability away from places such as insurance companies and hospitals which could at times leave the plaintiff without defense. From the defendant’s perspective, tort reform provides a defense from extremely large punitive damage awards. There seems to be no median between the two. Neither side will be satisfied. With the help of affiliations such as the American Tort Reform Association and Citizens Against Lawsuit Abuse, many businesses and corporations are working to change the current tort system to stop these high cash awards.

Another argument against Tort reform is that according to the Los Angeles Times, although many medical malpractice lawsuits are deemed frivolous, defensive medicine only accounts for a very small percentage of overall health care spending. This argument is supported by this article :

Tort reform is a push by special interest to limit tort litigation in the U.S. The documentary Hot Coffee, walks us through 4 case studies on the methods used by the Tort reform lobby. Composed of businesses, manufacturers, hospitals, insurance companies and other businesses. Using their money to affect changes to the 7th Amendment statutes:

While I applaud the Bush administration for taking viable steps towards stopping the practice of frivolous lawsuits, I do not feel that it is in my position to place a price tag on a human life.

Alexis- Negligence and Intentional torts both contribute to the health industry. Negligence is something that most people sue for, and all health professionals should understand how to avoid these situations. For example: the physician should make sure he/she has a complete understanding about the individual medical need, before releasing them. By doing this they can avoid the chances of misdiagnosing or creating mire problems. Protecting the patients right is and should a mission for each health provider to avoid a potential law suit. All professional should be knowledgeable about the importance of intentional torts a how to avoid crossing that path. Fastidious discussion post for this module, keep up the good work.

The tort reform battle started in the 1950’s with the insurance industry and their battles. Early on, they realized that they were in charge of the compensations for personal injury victims. This started a PR campaign of “targeting potential jurors through magazine ads.” They tried to attack lawsuits and jurors so they would vote against personal injury cases. Eventually, they moved towards the grassroots campaigns. They campaigned as regular Americans who were fed up with the justice and litigation systems. Today, advocates still fight these battles through the use of PR methods, “misleading reports, lobbying, and manufactured ‘grassroots’ organizations” (History. (2012). Retrieved June 27, 2016, from http://www.tortreformtruth.com/about-tort-reform/history/).

I found something interesting about the link between political science and personal injury law. I found that there is a big controversy about the tort law reform in United States. What make the tort law reform controversial in United States is that its advocates aim to restrict the amount of financial damages that may be awarded in personal injury cases. People support the tort reform because then want to avoid excessive damages and legal fees have on industries and others big corporations. There is been a lot of scholars critics about this reform who believe that this reform is just in the interest of big cooperation welfare. I definitely find the subject very interesting and my research will be focus on that.

A tort is a civil wrong not arising from a breach of contract; a breach of a legal duty that proximately cause harm or injury to another. The purpose of tort law is to provide remedies for the invasion of various protected interests. The basic categories of torts are two classifications intentional and unintentional torts. (p.116)

The tort reform is often proposed by the Republican Party in which it changes the civil judicial system that aims to reduce the ability of

This Article will address a wide variety of arguments for and against tort reform, and will discuss possible solutions to improve the current tort system. My purpose in writing this Article is not to offer a definitive solution to the tort reform debate, but instead to accurately present and analyze tort reform issues in the hope that someday a "wise agreement"7 will be negotiated that meets the needs of all parties involved in the tort

Kaycee will not be able to recover damages because football is a very physical sport and Kaycee

Tort, Not Torte: A tort is a civil wrong, and if someone commits one that injures you, you can sue for money damages. Intentional torts include fraud or invasion of privacy, while negligent torts include medical malpractice and car accidents resulting in personal injury or wrongful death. You need an accident injury attorney for a tort. On the other hand, you need a fork for a torte, which is a delicious chocolate-iced cake.

The purpose of lawsuit Wyoming lawsuit funding is to help plaintiffs meet their obligations while the case is being litigated. Clients, and by extension their counsel, are relieved of immediate financial pressure. The case can then be litigated properly,

In the American legal system, cases based off civil wrongs are known as Torts. These cases have multiple variances of descriptions which help to determine the exact element of each tort. This document will focus on negligence. A complete definition will be provided, followed a personal first hand experience. The concluding summary will be a brief overview of the information provided. Please note, the personal account does not include a complete litigation process. Only a description of events leading up to my decision not to prosecute. All definitions, facts, reference material, and ideas will focus on torts, as well as tort reform.