weighing pros and cons

Tort Reform: Weighing the Pros and Cons

The reformation of tort – a term used to describe civil wrongdoing – has been a point of discussion for years. Like most things with more than one side, the issue of tort reform is not as straightforward as you might think. There are, of course, pros and cons to both sides of the matter. Medical malpractice, negligence and injury can all be considered tort, so there are many factors that come into play. Consider these 6 pros and cons of tort reform before forming an opinion one way or the other.


  1. Decreases Court Costs

Largely, those who are in favor of tort reform want to put a stop to the sheer number of frivolous lawsuits seen every day. By amending the rules on torts considered legitimate, a huge amount of time and money could be saved. As the tort laws tighten up a bit, the number of lawsuits will decrease, subsequently reducing court costs.

  1. Provides a Better Use for Juries

As the somewhat thoughtless lawsuits are weeded out, juries are available to be used for more legitimate cases. More time is cleared up for the courts, and taxpayer money is no longer spent on frivolous cases.

Of course, as reforms have started to take place, it’s important to know whether or not a real difference has been made in these areas yet.

  1. Limits Damages

This is good news for insurance companies and corporations. Where they may have had to pay for punitive damages in the past, tort reform aims to limit that a great deal. This also helps protect them from being sued.


  1. Difficulty Increases for Victims

So what if you’re a real victim? Tort reform makes it harder for you to make a case. More restrictions are put in front of the victim, so while you’re already injured, you have to work even harder to get the compensation you deserve.

  1. Accountability Decreases

Now you’re in a situation where there are many more hurdles for the victim to jump before he or she is even able to properly state their case. This could mean the person at fault could walk free. Accountability decreases greatly when no one is hearing out those who’ve been on the receiving end of a wrongdoing.

  1. Results in More Cases of Negligence

As accountability decreases, more cases of negligence and injury arise. In the worst case, the person at fault could learn how easily they slid by without being held responsible for their wrongdoing. They may realize it’s something they could potentially do over and over with no repercussions. If the person accused is genuinely at fault, this cannot be a fair situation for the victim.


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