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The Dangers of Tort Reform and Capping Damages

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There is a dichotomy regarding the American public’s perception of lawsuits. While we love the little guys, like Erin Brokovich, we hate the “big tobacco” companies and cheer the billion dollar settlements against them. As a general rule, Americans do not trust big corporations. We get furious when we hear that big corporations have put their bottom line ahead of their customers’ safety.

Case in point is the failure of General Motors to take appropriate actions when it learned that a defective ignition switch in its vehicle caused the injuries and deaths of innocent consumers. Despite our partiality to cheer for the underdog, many support tort reform.

What Is Tort Reform?

Tort reform refers to a movement backed mainly by large corporations and special interest groups. It is a group of ideas and laws designed to change the way the civil system operates. Although each tort reform law is different, they share at least one of the following goals: 1) to make it harder for injured victims to file a lawsuit; 2) to make it harder for injured victims to obtain a jury trial; and 3) to limit or cap the compensatory and punitive damages an injured victim can recover after a successful lawsuit.

Unfortunately, the history of corporations’ failure to protect the public is not limited to only General Motors. History is replete with such stories. Without the threat of lawsuits and the potential for punitive damages, it is unlikely that corporations will do what is morally right. With a cap on damages and obstacles to filing a lawsuit, corporations will merely weigh the costs against the risks and take steps to discourage the injured victims, or those who have lost loved, ones from suing.

Injured Victims Need Legal Help

One of the main goals of tort reform is to cap or limit an injured victim’s right to be compensated, leaving them powerless. Our New York personal injury lawyers stand by the belief that individuals who are injured by another party’s negligence have the right to seek adequate compensation. Personal injury victims have a right to have their cases heard by an unbiased jury that can decide a just compensation amount given the facts of their case.

We Can Help

If you or a loved one was injured as a result of the negligent actions of another party, you should immediately hire a personal injury attorney to help you get the full compensation that you deserve.

The attorneys at Gersowitz Libo & Korek, P.C. are committed to the relentless pursuit of victim’s rights in New York and New Jersey for over 25 years. They have the necessary experience and knowledge to aggressively fight to get you the compensation that you deserve.

Call us at 800.529.9997 to schedule a complimentary consultation with one of our experienced New York personal injury attorneys today.

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