torts & public policy what needs to be changed?. does the system need an overhaul? no, it does...

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TORTS & PUBLIC POLICY WHAT NEEDS TO BE CHANGED?

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Page 1: TORTS & PUBLIC POLICY WHAT NEEDS TO BE CHANGED?. DOES THE SYSTEM NEED AN OVERHAUL? NO, IT DOES NOT: Fairly compensates injured victims Allocates benefits

TORTS & PUBLIC POLICYWHAT NEEDS TO BE CHANGED?

Page 2: TORTS & PUBLIC POLICY WHAT NEEDS TO BE CHANGED?. DOES THE SYSTEM NEED AN OVERHAUL? NO, IT DOES NOT: Fairly compensates injured victims Allocates benefits

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?

Page 3: TORTS & PUBLIC POLICY WHAT NEEDS TO BE CHANGED?. DOES THE SYSTEM NEED AN OVERHAUL? NO, IT DOES NOT: Fairly compensates injured victims Allocates benefits

Arbitration/mediation before going to court

Statute of limitations – how long do you have to file a claim?

Process reform:

TYPES OF TORT REFORM

Page 4: TORTS & PUBLIC POLICY WHAT NEEDS TO BE CHANGED?. DOES THE SYSTEM NEED AN OVERHAUL? NO, IT DOES NOT: Fairly compensates injured victims Allocates benefits

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

Page 5: TORTS & PUBLIC POLICY WHAT NEEDS TO BE CHANGED?. DOES THE SYSTEM NEED AN OVERHAUL? NO, IT DOES NOT: Fairly compensates injured victims Allocates benefits

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

Page 6: TORTS & PUBLIC POLICY WHAT NEEDS TO BE CHANGED?. DOES THE SYSTEM NEED AN OVERHAUL? NO, IT DOES NOT: Fairly compensates injured victims Allocates benefits

Protecting the patients or saddling the doctors with unnecessary problems?

MEDICAL MALPRACTICE

Page 7: TORTS & PUBLIC POLICY WHAT NEEDS TO BE CHANGED?. DOES THE SYSTEM NEED AN OVERHAUL? NO, IT DOES NOT: Fairly compensates injured victims Allocates benefits

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.