 |
 |
||
|
|
||
|
|
||
|
|
|||
|
MIDWEST TODAY COMMENTARY For some time, a national debate has raged over "tort reform." A tort, simply put, is a wrongful act that causes personal injury or property damage. In addition to negligent driving, torts include such things as slander, selling defective products, malpractice and so on. Our tort law has its roots in the English common law. When a stagecoach operated by a drunken driver overturned and passengers were killed or injured, English judges wisely concluded that the loss should fall on the driver and his employer, not the innocent victim or his family. Special interest groups that call for changes in the common law right to recover full damages call their program "tort reform," while opponents call it "tort deform." A favorite goal of the advocates of change is to put a limit or "cap" on the amount of reimbursement that a victim can receive. Efforts to put caps have succeeded in some state legislatures but such efforts have always failed when put to a vote of the citizens in a public referendum. The public agrees with the critics of caps, who contend that caps are unfair to victims who have been hurt the most. For example, assume the cap is set at $100,000. A tort victim whose claim is worth only $25,000 will get his or her claim paid in full. A more seriously injured victim whose claim is worth more than $100,000 will not get his or her claim paid in full. That basic unfairness, along with the fact that special interest groups have more influence in legislative halls than with the general public, may be why tort reform has failed when put to a vote of the people. This is Tom Riley for the Midwest Today Radio Edition.
Copyright Midwest Today. Tom Riley Law Firm, P.L.C.
Phone: (319) 363-4040
Home // Firm Overview // Attorneys // Practice Areas // Offices The determination of the need for legal services and the choice of a lawyer are extremely important decisions that should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa. A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist or expert in an indicated field of law practice, nor does it mean that such lawyers is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright © by Tom Riley Law Firm, P.L.C. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. |
