TORTS & PUBLIC POLICYWHAT 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.