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Tort Reform: The Basics

Tort reform is a term used to describe changes in the United States civil justice system that advocates believe will curb "frivolous" lawsuits by: capping non-economic damages and punitive damages; implementing stricter statutes of limitation; and granting immunity for some types of defendants, among other things.

According to tort reform advocates, frivolous lawsuits - that is, those filed without valid cause- are flooding the civil justice system. The result, they say, negatively affects the economy, primarily because of excessive jury awards and greedy lawyers.

However, these claims are more myth than fact. The fact is that many people who are injured never file claims and those who do rarely receive exorbitant sums of money from jury awards. Even more, many attorneys will not pursue a frivolous claim because of the legal costs involved in doing so.

Critics of tort reform argue that the myths perpetuated by advocates serve merely to obscure the real purpose behind the proposed changes. They specifically contend that tort reform will limit the rights of injured parties by shielding businesses, particularly large corporations like pharmaceutical companies, from being held accountable for wrongdoing. Basically, critics of tort reform see tort law as part of a larger system of checks and balances.

Tort Reform, Pharmaceutical Companies, and Your Rights

It is a well-known fact that large corporations - especially pharmaceutical companies -

engage in what is called cost-benefit analysis, which is essentially a calculation used to determine the costs of stopping a wrongful action vs. the benefits of not stopping it. Unfortunately, the value human life is not a factor in these calculations.

Some pharmaceutical companies would prefer to battle lawsuits stemming from injury or death caused by an unsafe drug than remove a profitable product from the shelves. Opponents of tort reform argue that the prospect of paying minimal damages to injured parties provides large corporations, including drug companies, little incentive to remedy problems with unsafe products.

Those who oppose tort reform regard lawsuits as a check that would encourage companies to produce safer products and discourage the marketing and selling of dangerous products.

The reality is that tort law exists to protect the rights of individuals who have suffered injury as the result of the negligence or wrongdoing of another . It ensures that victims have the right to seek legal redress for their losses and also to deter others from committing the same or similar harms. Tort reform would only strip victims of rights that are meant to protect them.

To learn more about tort reform including strategies of tort reform, myths vs. facts, and how it harms Americans, click here .

If you or a loved one has suffered an adverse effect as the result of a defective drug, you may wish to seek the early advice of an experienced attorney who can help you understand your legal rights. Please contact us today for a FREE consultation with a qualified attorney who can help you ensure that your legal rights are protected.

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