Imagine that you just found out that, as a result of a violent automobile accident, your child will be paralyzed for the rest of her life. How can she be compensated for a life of paralysis? As the law now stands in South Carolina, she could have her story heard before a jury, and that jury could award a sum of money to compensate her for her extensive physical and emotional injuries. Tort reform, as it is currently being proposed, could dramatically change that.
What is tort reform?
Webster’s New World Dictionary defines the word tort as "a wrongful act, injury, or damage . . . for which a civil action can be brought." The word reform wears many shades of meaning, such as "to make better" or "to correct abuses." So, the general definition of tort reform could be the following: Changes designed to improve and correct the current legal system under which individuals seek compensation for wrongful injuries or damages suffered. Of course, this definition begs the question "what aspects of the tort system need to be improved or corrected and why?" The general argument advanced by tort reform supporters is that the justice system is being abused by plaintiffs and lawyers, and that this abuse is illustrated by the rising number of personal injury lawsuits filed within the past few years and the rising amounts of jury awards. Proponents for tort reform argue that this increase has been passed on to the average citizen and has led to higher costs in such areas as healthcare and business. Tort reform supporters argue that higher costs can be reduced by changing the way personal injury tort claims are handled in court. Some proposals for change include shortening the time that a person has to file a lawsuit after being injured, reducing the amount of money attorneys can collect, and putting caps on the amount of money a plaintiff can recover in court.
Has the case for tort reform been made?
While the arguments presented by tort reform supporters seem compelling, there are serious questions that should be raised about some of their facts and conclusions. Has there really been an explosion of lawsuits and unreasonably high jury verdicts? According to the U.S. Department of Justice, Bureau of Justice Statistics, the number of civil trials in the nation's 75 largest counties declined from 22,451 in 1992 to 11,908 in 2001. Also important to note is the fact that the median verdict in these counties, when adjusted for inflation, actually decreased from $65,000.00 in 1992 to $37,000.00 in 2001 (Bureau of Justice Statistics). One of the areas where there has been the biggest push for tort reform is medical malpractice liability. The United States Congressional Budget Office and the Government Accountability Office each separately studied the issue of tort reform as it related to medical malpractice lawsuits and concluded that more comprehensive research needs to be performed and more information needs to be gathered to truly answer the pivotal questions: "Do lawsuits contribute to high healthcare costs?" and "Does tort reform work?" The evidence at this point simply does not support the assertion that limiting individuals’ rights to be compensated for an injury by enacting tort reform is a fair or effective means of lowering healthcare costs.
Who is telling the truth?
As with most political issues, the most effective way of getting to the truth about the justice system and tort reform is to do your own research. That is exactly what we recommend you do. The Internet is a great place to start. Of course, it is important to look closely at the companies or organizations that are behind the various websites. Also, it is important to look closely at the organization that sponsored the research that you’re evaluating. Is it a political party? Is it an association that is clearly championing one side of the tort reform debate, or is it an organization that has no affiliation with either side of the issue? These are questions that are important to ask because the issue of tort reform affects everyone.
Here are some online resources where you could get started with your research:
Department of Justice, Bureau of Statistics Publications:
http://www.ojp.usdoj.gov/bjs/pubalp2.htm#top
The Impact of Non-Economic Damage Caps on Physician Premiums, Claims Payout Levels, and Availability of Coverage
http://www.weissratings.com/malpractice.asp
Congressional Budget Office Report: "Limiting Tort Liability for Medical Malpractice."
http://www.cbo.gov/showdoc.cfm?index=4968&sequence=0
General Accounting Office Report: "Medical Malpractice Insurance: Multiple Factors have contributed to Increased Premium Rates."
http://www.gao.gov/new.items/d03702.pdf
