IF YOU OR SOMEONE YOU KNOW HAS BEEN INJURED!
HOW WILL “TORT REFORM” AFFECT YOUR CLAIM?

Under the guise of protecting doctors from unreasonable medical malpractice claims, a sweeping revision of fundamental rights of those forced to make claims by the negligence and misconduct of others and the unfair pretrial conduct of their insurers IN ALL TYPES OF CIVIL INJURY CASES is likely to become the law of this State.

This proposed law would limit which wrongdoers have to pay the damages as determined by a jury, and can leave the injured plaintiff harmed once again.

The proposed law would set arbitrary limits on the amount of the damages which can be awarded by a jury.

The proposed law would prevent an innocent minor [even an infant in foster care or an orphanage] from seeking damages for injuries caused by the negligence of another unless the child, who cannot act on his or her own behalf, has someone file suit for him/her within two years of the injury.

The proposed law requires that every case claiming more than $25,000.00 in damages must go through mediation AT THE EXPENSE OF THE PARTIES. In an effort to force down settlement demands, if you, as the plaintiff, do not recover a jury verdict for more than the lowest amount demanded in that mediation, you would then have to pay ALL OF THE DEFENSE COSTS AND EXPENSES, which would reduce the jury award by thousands of dollars.

The proposed law would severely restrict where suits can be maintained, so that defendants can force them to be heard in locations which are unfavorable to damage claims.

The proposed law would severely restrict the which can be awarded and fundamentally change the nature and quantity of evidence needed to receive or retain such an award, even when such damages are due to conduct which is “willful, wanton or malicious” [in other words, intentional].

The proposed law could be interpreted to provide that persons injured by an agent or employee, while working for the benefit of an employer, could not sue that employer even if the injury was caused by improper training or equipment.

The proposed law also provides that persons injured by physicians or hospital personnel rendering emergency room care are limited to maximum total recovery of $150,000.00 even if the care to correct those medical mistakes cost the patients millions of dollars.

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