One of the key issues you’re sure to hear about this election cycle is tort reform. Basically, this is an effort by corporations (and the politicians who do their bidding) to reform the tort system—or the legal rules for bringing lawsuits against corporations or individuals who cause physical or financial harm. Those for tort reform claim it will eliminate or reduce the number of frivolous lawsuits currently clogging up the court system.
The only problem with that is there’s no epidemic of frivolous lawsuits. If there were, we’d be the first to get behind their efforts, but the truth is there are already several checks and balances in place that keep frivolous lawsuits from ever reaching a courtroom. Here are two examples.
The Contingency Fee—Most personal injury lawyers work on a contingency fee basis. That means that they work for free until they get money for you. In other words, if they don’t win your case, they don’t get paid for all the work and all the expense they put into your claim. Lawyers are dissuaded from taking on frivolous lawsuits because of this fee arrangement.
The Summary Judgment—We’ve already solved the problem that tort reform is trying to broach. It’s called a Summary Judgment, and it has been in place since the 1930s. If you’re being sued for something frivolous, your lawyer can draft a motion for a Summary Judgment, present it to the judge, and the judge will more than likely throw out the case. It’s a safeguard that protects not only the individual being sued but also the court from having to hear the case.
Tort reform could significantly hinder your ability to seek full compensation after an accident. At Ponce Law, we believe every accident victim has the right to seek compensation for their injuries, and we’ll defend that right for the people of Nashville as long as our doors are open.
