Study Finds Support for Tort Reform

[cb88]

(I am excerpting this article, but I received this from a trade journal I subscribe to and you can only reach the link if you are a paid subscriber...if anyone wants to read the full article, let me know)

Study Finds Public Support For Tort Reform

NU Online News Service, April 13, 9:06 a.m. EDT—</STRONG>A new report from the Insurance Research Council says that most Americans—while recognizing social benefits of the civil-justice system—nonetheless support efforts to reform the current personal-injury and class-action litigation structure.
The report from Malvern, Pa.-based IRC is based on two surveys conducted last year. The first survey, in June 2003, contacted 2,001 U.S. adults, while the second study—which focused more specifically on the topic of pain-and-suffering awards in personal-injury and class-action suits—interviewed 1,012 adults over the phone last December.

<snip>

In these two surveys, IRC observed, most respondents showed strong support for litigation reform in general as well as for specific reform initiatives for personal-injury and class-actions—with some 78 percent agreeing that the class-action system's reform is warranted.

Class-action reform measures getting the biggest support among survey respondents included the following:

• Making it easier for class-action members to understand their rights, with 86 percent of respondents rating it as an “excellent” or “good” idea.

• Imposing limits on attorneys' fees, with 82 percent of those surveyed approving the idea as “excellent” or “good.”

• Requiring sanctions against attorneys who file frivolous lawsuits—this idea garnered approvals from 73 percent of the survey respondents.

• Requiring that large, nationwide class-action cases are tried in federal courts rather than in state courts, with 53 percent rating it as an “excellent” or “good” idea.

Additionally, IRC noted, 64 percent of those surveyed agreed that states should implement some limits on pain-and-suffering awards in personal-injury lawsuits.

The IRC report also found that 62 percent of the respondents surveyed said juries for personal-injury cases should be given information about payments to plaintiffs from other sources, such as health insurance or workers' compensation. Also, 59 percent agreed that a judge should be allowed to cut awards in personal-injury suits by the amount of such collateral payments.

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[Woodmonkey]

I hope this is true and I hope the stranglehold of the lawyers on laws to reform this mess will be broken. Does it mention the "loser pays" and if people are supporting that?

[cb88]

Originally Posted by Woodmonkey

I hope this is true and I hope the stranglehold of the lawyers on laws to reform this mess will be broken. Does it mention the "loser pays" and if people are supporting that?

No, it's mostly just a study about the "atmosphere" out there. I'm sure it was done to figure out if the time was right to lobby for a change.

[Woodmonkey]

Originally Posted by cb88

No, it's mostly just a study about the "atmosphere" out there. I'm sure it was done to figure out if the time was right to lobby for a change.

I've been for across-the-board tort reform for years now. You're in the business...you think momentum is still building or is it time to go for it now? There are whole communities now without ob doctors because of lawsuits, many of them unwarrented. Lots of people losing out in this country because of lawsuits.

[cb88]

Originally Posted by Woodmonkey

I've been for across-the-board tort reform for years now. You're in the business...you think momentum is still building or is it time to go for it now? There are whole communities now without ob doctors because of lawsuits, many of them unwarrented. Lots of people losing out in this country because of lawsuits.

I think it's coming to a head and will be pushed through soon. The only lobby the insurance lobby has been afraid of for years is the Trial Lawyers lobby, but they are seeing public opnion wane in their favor now. I'd bet you see a major push within 6mos to a year...maybe on the state levels to start, then on the federal level.

Everyone is tired of getting sued for no reason and paying exhorbitant insurance premiums, and they are starting to realize it's because of the litigious society.

One thing consumers will need to remember is to not cave to the advertising the trial lawyers will set forth...they'll twist & distort everything. When you start seeing legislations go through, make sure you write/call/email your representatives and let them know you are for responsible tort reform legislation. Heck, even doing it now would help.

[Carnage_59]

Illinois is the only state in the country that has a tort law for suing if a party breaks an engagement. I got this from a lawyer out there.

Turns out a state congressman's daughter got stood up at the altar.... he had no way to recover the costs... after that law passed, the next girl that happened to get stood up... well, her daddy managed to recover a bit.

[cb88]

Originally Posted by Carnage_59

Illinois is the only state in the country that has a tort law for suing if a party breaks an engagement. I got this from a lawyer out there.

Turns out a state congressman's daughter got stood up at the altar.... he had no way to recover the costs... after that law passed, the next girl that happened to get stood up... well, her daddy managed to recover a bit.

Actually, Carnage...I believe there is still something in the UMJC that provides for "punishment" if a military member breaks an "official" engagement. I know it was there in the 80's, the ex's Staff Sgt. was under some severe sh*t because he broke off an engagement to an Austrilian girl after she'd shipped all her possessions up here, he'd signed for her visa, etc. Was pretty hairy. The CO called me for a statement because I was helping with the wedding plans, was the only "friend" she had up here.

Wonder what ever happened to her.

Anyhow, in some respects, I agree with that. The bride is responsible for all the expenses, the groom goes through all the way until the end and then stands her up??? No chance to get back ANY money at that point.

But, I suppose we're so used to stupid law suits for any reason, we just perceive that as one more stupid lawsuit.