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Tort reform is a series of legislative efforts implemented on the state and federal levels to reduce the constitutional rights of those who have been injured by defective products, medical malpractice, hazardous chemicals, and other wrongdoings. Under our current justice system, individuals who have been harmed due to the negligence or wrongdoing of another party have the legal right to pursue lawsuits to recover their losses.

However, legislators in both the federal and state governments continue to implement various strategies of tort reform that prevent injured victims from filing lawsuits, take away a victim''s right to be fully compensated for their suffering, and reduce the liability of wrongdoers. Below are some strategies of tort reform that could take away your rights:

Limit amount awarded for damages

•  Caps on non-economic damages – Non-economic damages are intended to compensate victims for damages such as permanent disability, disfigurement, pain and suffering, and more. Limiting the amount awarded for non-economic damages overrides the authority of a judge or jury who evaluate the evidence and determine the amount of compensation on a case-by-case basis. Caps on non-economic damages have been declared unconstitutional in several states.

•  Caps on punitive damages – Punitive damages are used to punish those who engage in outrageous or intentional harmful acts. They serve to deter defendants and others from engaging in similar behavior. Limiting the amount awarded for punitive damages weakens the deterrent effect of the law and allows defendants to continue their misconduct unscathed.

Limits on joint and several liability

In many civil lawsuits, more than one defendant is named in the claim. If the defendant or defendants are found liable for causing the harm, they split responsibility for compensation accordingly. Under current law, if one defendant is unable to pay their portion, the other fully liable wrongdoers must pay their share to ensure the victim is compensated in full. Limiting or terminating joint and several liability would take away a defendant''s responsibility to cover an insolvent defendant''s share, making it more difficult or impossible for a victim to sue multiple defendants to get the compensation they deserve from liable parties.

Limit defective products rights

Strict liability laws hold product manufacturers fully responsible when they bring dangerous or defective products into the market. They also ensure injured victims are compensated for their pain and suffering caused by defective products. However, tort reform tries to protect the manufacturers of dangerous products. Some of these laws shield companies with preemptive government standards. Some laws require an injured victim to prove that an “alternative design” for a defective product exists. Other provisions give immunity to producers of products with “obvious risks” such as tobacco. Limiting liability immunizes wrongdoers from prosecution and takes away the rights of injured victims.

Statute of Limitations

Statute of limitations laws limit the amount of time an injured victim has to file a civil claim. Through tort reform, many states are arbitrarily reducing the amount of time regardless of the seriousness or specifics of an injury. Tort reform measures involving statute of limitations work to prevent product manufacturers from being held responsible after an arbitrary, and often unreasonably short, time period has passed.

Abolishing collateral source rule

The collateral source rule protects injured victims in a civil case from disclosing the amount of payments received from an outside source such as a health or disability insurance policy. This rule prevents a defendant from reducing its financial liability for the harm that was caused and prevents a jury from being unfairly influenced with its verdict. Tort reform laws aim to abolish collateral source rule, which could negatively impact the amount of compensation an injured party may be awarded.

Structured settlement payments

Structured settlements or “periodic payments” allow guilty defendants to request, or courts to require, that all settlement awards be paid over an extended period of time rather than in one lump sum. This strategy of tort reform significantly affects an injured victim who is often hit with astronomical medical costs and other financial hardships after an injury with no way to cover such expenses.

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