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GOLIATH DOESN'T NEED HELP
If after David beat Goliath the government decreed that henceforth when people fight giants, they must do so with six-inch sling shots and pebbles instead of rocks, there would be a huge outcry of protest. However, the changes that are being imbedded in our legal system in the name of tort reform are attempting to do the same thing.
There have been efforts (some successful) in Congress and many state legislatures to make it more difficult for an injured person to pursue a lawsuit and to limit the amount that can be recovered. Part of the impetus for this reform is a misconception that injured people are somehow taking advantage of insurance companies and corporate America. The truth is before an individual files a lawsuit against a large business, he or she better be armed with more than a slingshot as there is a long tough battle ahead that usually will not be won unless the facts warrant such and sometimes not even then.
Another reason people feel reform is necessary is the perception that unscrupulous, greedy lawyers are ruining the system. Obviously the over-zealous conduct of some attorneys needs to be curtailed. However, such conduct is exhibited by both plaintiff and defense counsel. So, if any changes are made to the system, we must make certain they equally impact both sides and do not adversely affect the ability of an injured person to obtain fair compensation.
From time to Once an individual has received a jury failed for a briefcase. This is like someone always play a slot machine, and finally hit the jackpot. These are big jackpot, bringing to receive the print, because being rich is considered news. However, just because that happens sometimes, does not mean that we need to strengthen the chances of this happening again.
There are already many safeguards are in our legal system to avoid scandalous results. Forexample, a judge has the power to reduce a jury award when it is deemed appropriate. This is far more appropriate than an across-the-board money cap imposed by a legislative body. The judge knows the law, is familiar with the case, and can recognize an absurd dollar amount. Unfortunately, these judicial reductions usually are back page news items compared to an initial award decision.
When an individual is hurt or injured, it can be extremely difficult to receive fair compensation as he or she is usually doing battle with a giant in the form of a big corporation, an entity with unlimited legal resources. The expenses attached to a lawsuit dictate that the injured person thoroughly explore a settlement for a sum close to what is fair before filing suit. To suggest that these individuals take advantage of big companies in the legal arena is as illogical as saying that David took advantage of Goliath.
Do we really want to limit the amount of money a person can receive to a Figure as $ 250,000.00, plus medical expenses? This can be a lot of money that most of us could keep quiet for a long time, but usually not enough when a wounded victim of a permanent disability that the individual quality of life has influenced the rest of his life. Share preserved only if you have $ 250,000.00 or lost limbs or are paralyzed.
Before the reform, we support the offense should be noted that the playing field tilted in favor of the already enormous. Seemstotally unsuitable for the field to tilt even more. David has a work hard enough.
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