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Torts & Public POlicy. What needs to be changed?. Does the system need an overhaul?. No, it does not:. Unreasonable settlements Court/lawyer is too expensive Takes too long in civil court Cases often go against common sense. Yes, it does:. Fairly compensates injured victims
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Torts & Public POlicy What needs to be changed?
Does the system need an overhaul? No, it does not: Unreasonable settlements Court/lawyer is too expensive Takes too long in civil court Cases often go against common sense Yes, it does: • Fairly compensates injured victims • Allocates benefits to victims & costs to wrongdoers • Deters unreasonable conduct • Protects individuals from exploitation by large companies So, which is it?
Types of Tort Reform Process reform: • Arbitration/mediation before going to court • Statute of limitations – how long do you have to file a claim?
Types of Tort Reform Damages: • Wish to put a limit on non-economic& punitive damages ($$ amount for punitive damages can often exceed payment for injuries)
Tort Stats • On average, only 5% of civil suits are torts • Plaintiffs win ½ of the time • The average settlement is under $30,000 • 93% of torts are settled before they even go to court
Medical Malpractice Protecting the patients or saddling the doctors with unnecessary problems?
Safety: how much are we willing to pay? • A safer world is a more expensive world • Catch 22: Companies must pay more for safer products. They may sometimes cut corners to save money. This opens them up to expensive lawsuits involving defective products.