Some people believe that tort reform is simply a trick to take away the rights of people to collect damages from those who harmed them. Do you agree? Explain your reasoning. ...[Show More]
3 years ago
Tort
reform has been controversial, and it refers to changing the legal rules
concerning how civil lawsuits are done. The primary function of tort reform is
to reduce the number of law suites and reduce the cost of law suites. Tort
reform is also used to provide consistency in civil litigations. Protagonists
of tort reform argue that it is used to prevent excess damage awards. It,
therefore, makes an award of damages only available to actual injuries that
warrant the award of injury rather than using it for other motives. Proponents
argue that When tort reform is not implemented in our current legal context, it
results in high damage awards, resulting in high healthcare costs and increased
premiums in the long run. It will also result in a reduced pace at which the
economy grows (Gallegos,2018).
On
the other hand, Opponents of this reform claim that the implementation will
result in insurance companies limiting their liability, and they will cease
being accountable for their actions. They also argue that however minor damages
are, they should be compensated for. Limiting the compensation of damages are
necessary to compensate for pain caused, lost wages, and medical expenses.
Limiting such awards would deny victims and the right to fair compensation to
them and their families (Gallegos,2018). In conclusion, my final submission is
that I can't entirely agree with the proposed reforms. The issue of tort reform
has positive impacts, and at the same time, it has some adverse effects.
Reforms on a legal system should be based on proper and careful research and
considering the cost and benefits of different approaches.
Reference
Gallegos,
B. (2018). Tort Reform Under Constitutional Fire. In Denver Law Review
Forum (Vol. 96, No. 1, p. 3).
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