Republican in the U.S. House of Representatives are pushing a tort reform bill that would limit non-economic damages to $250,000, put a limit on what attorneys can charge via contingency fees and restrict punitive damages.
This bill, if passed, would run most attorneys that represent plaintiffs right out of business. The threat of actually being brought to justice in a court room is the only incentive most corporate defendants and insurance companies have to fairly evaluate and pay claims. This bill, if passed, would eliminate that incentive.
It is hard enough to make it as a trial lawyer as it is. Forget the damaging, demeaning misconceptions assigned to the term "trial lawyer". Its also hard just due to the economics of what a trial lawyer must do to succeed finanically. First, trial lawyers that work on contingency fees (i.e. most trial lawyers) only get paid if they win or settle. The only way they settle is if the insurance company or corporate defendant thinks there is a chance the trial lawyer and his injured client will receive more at trial. If the bill being pushed by House Republicans is passed, the chance that a trial lawyer could get more at trial for his client is significantly diminished. Add on top of that the limitation on what the trial lawyer can charge to financially risk his time and money on a case that may or may not pay off and you've really got a disaster for trial lawyers.
Why does that matter? Because if there are no trial lawyers, there is no one to get you justice (or even a partially fair result) if you or a loved one are injured in a car wreck or as a result of malpractice.
What's their real goal? Ask proponents of tort reform and they will spit out some boilerplate answer about eliminating frivolous lawsuits. But caps on damage awards makes no sense with that goal. Why not punish those that file frivolous lawsuits? Oh, wait, there's already a rule that does that. Not to mention that filing frivolous lawsuits (or just longshot lawsuits that have some merit) is the quickest way to go broke as a trial lawyer.
Their real goal is not to eliminate frivolous lawsuits. Its to limit the compensation that can be provided injured, deserving victims in lawsuits with merit. They don't want to stop frivolous lawsuits. They really don't want to pay for their horrendous actions, plain and simple. But the insurance companies and the corporate defendants count on the masses being ignorant and falling for their meritless rationale that they are stopping frivolous lawsuits and not peering behind the curtain to see the real motivation behind their proposed laws.
Don't be ignorant. And don't let your congressman and senators think you are ignorant either. Call them, write them, e-mail them. Let them know that you (and your vote) will not support those that try to take away your rights and the rights of everyone you hold dear! The alternative is just too costly for all or any of us to bear.
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