To understand tort reform, one must understand the definition of a tort.
Simply put, a tort is a non-criminal civil wrong that is caused either
on purpose or through negligence. Or, to put it another way, torts are
civil cases in which an act, intentional or otherwise, has caused injury
(physical, mental or monetary). In such cases where a tort is committed,
the injured party has the right to sue the wrongdoer for damages.
Tort reform isn’t one single idea or law. It is not partisan in its
political nature and has proponent and opponent in each political affiliation.
Instead, it’s a group of ideas and laws designed to change the way
our civil justice system works.
Once the definition of tort law is known, understanding tort reform becomes
much easier. Tort reform is essentially any attempt to limit someone's
rights to seek redress in a court of law for a civil wrong.
The most common form of tort reform is the placement of limitations on
the amount that can be sought through a civil suit. For example, a particular
medical malpractice case may only allow the injured party to claim a maximum
of $100,000. Placing a statute of limitations on the amount of time a
person has to file a claim is another example of tort reform; this particular
aspect of tort reform has a significant effect on the rights of mesothelioma
victims to seek financial compensation for their exposure.
In a nutshell, tort reform proponents seek to limit the liabilities of
negligent and knowingly injurious parties. As of now tort reform is a
state specific issue. However, it is important to consider the impact
if could have on the legal landscape if it becomes a federally mandated
authority. An expereienced Reno attorney can make all the difference.
If you or a loved one is injured or in an accident, call Joey Gilbert Law
today for a free confidential consultation - Call (775) 574-4774