TORTS & PUBLIC POLICY WHAT NEEDS TO BE CHANGED?. DOES THE SYSTEM NEED AN OVERHAUL? NO, IT DOES NOT: Fairly compensates injured victims Allocates benefits.

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Presentation transcript:

TORTS & PUBLIC POLICY WHAT NEEDS TO BE CHANGED?

DOES THE SYSTEM NEED AN OVERHAUL? NO, IT DOES NOT: Fairly compensates injured victims Allocates benefits to victims & costs to wrongdoers Deters unreasonable conduct Protects individuals from exploitation by large companies Unreasonable settlements Court/lawyer is too expensive Takes too long in civil court Cases often go against common sense YES, IT DOES: SO, WHICH IS IT?

Arbitration/mediation before going to court Statute of limitations – how long do you have to file a claim? Process reform: TYPES OF TORT REFORM

Wish to put a limit on non- economic & punitive damages ($$ amount for punitive damages can often exceed payment for injuries) Damages: TYPES OF TORT REFORM

TORT STATS On average, only 5% of civil suits are torts Plaintiffs win ½ of the time The average settlement is under $30,000 93% of torts are settled before they even go to court

Protecting the patients or saddling the doctors with unnecessary problems? MEDICAL MALPRACTICE

SAFETY: HOW MUCH ARE WE WILLING TO PAY? A safer world is a more expensive world Catch 22: Companies must pay more for safer products. They may sometimes cut corners to save money. This opens them up to expensive lawsuits involving defective products.