Explains that, although there is a lot of discussion over whether tort reform should be enacted at the state or federal level, there has been little discussion over just what tort reform really is.
# 152209 | 3,245 words | 9 sources | APA | 2013 |
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This paper stresses that tort reform is a group of various ideas and laws, all sharing one or more of common goals, which are intended to change the way the civil justice system works. The paper further illustrates that the civil justice system faces remarkable, never experienced problems because of a dramatic raise in the number of liability suits and the enormous scale of responsibility payouts. The paper concludes that tort law is essential to control negative aspects of big business across the country; however, presently the system as a whole does not work thus requiring tort reform.
From the Paper:"One of the dynamic forces that have been behind tort costs is insurance fraud and exaggeration. In order to figure out the degree to which claims of fraud are responsible for rapid increases in health and auto insurance premiums, the Federal Bureau of Investigation (FBI) undertook an investigation of staged automobile accidents. The results of this query led the FBI to estimate that almost every American household is burdened with more than $200 annually in additional insurance premiums to make up for this kind of fraud.
"Gaps on noneconomic damages, shorter statutes of limitations, expert witness qualifications, mandatory mediation and arbitration expansion, attorney fee caps, expansion of the Good Samaritan Act, patient compensation funds, no-fault programs, joint and several liability reforms, and insurance industry reforms are the numerous proposed bills on tort reform at the federal level. Some of the highlights of the federal bills are as follows: statute of limitations, caps on noneconomic damages, exceptions in the legislation for fraud, concealment foreign body, physician impairment, proportional awards, major limitation on contingency fees, expert witness requirements, certificates of merit, sanctions for frivolous lawsuits, and mandatory mediation."
Sample of Sources Used:
- Crane, Amy Buttell. 2009. "The ABCs of tort reform." 13 April 2010, < http://www.bankrate.com/brm/news/pf/20050727a1.asp>
- Gasaway, Robert R. 2002. "The Problem of Tort Reform: Federalism and the Regulation of Lawyers." Harvard Journal of Law & Public Policy. 25(3), p. 953.
- Karno S., Hoban T., Stalker R., Brown, Schwartz A. and Smith MJ. (2005). "Tort reform -- a view from all sides: an expert panel discussion of the issues." Journal of Nursing Law. 10(4), p. 189-200.
- Saxton, Jim. 2006. "Improving the American Legal System: The Economic Benefits of Tort Reform." 13 April 2010 < http://www.house.gov/jec/tort/tort/tort.htm>
- Solomon, Jason M. 2009. "Equal Accountability through Tort Law." Northwestern University Law Review. 103(4), p. 1765-1822.
Cite this Term Paper:
What is Tort Reform? (2013, January 13) Retrieved May 11, 2021, from https://www.academon.com/term-paper/what-is-tort-reform-152209/
"What is Tort Reform?" 13 January 2013. Web. 11 May. 2021. <https://www.academon.com/term-paper/what-is-tort-reform-152209/>