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The Dangers of Tort Reform and Capping Damages

Legal concept

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.

Client Testimonials

A few years ago I was misdiagnosed and nearly ended up becoming a quadriplegic. Three spinal fusions followed. I asked my sister, a top D.C. lawyer, to find the name of the best personal injury lawyer in NYC, and I was referred to Jeff Korek of... Gersowitz Libo and Korek. It was a tough time for me, but Jeff and Irene were great and helped me through it every step of the way. They were compassionate, understanding and very accommodating, yet professional and always with their fingers on the pulse. They really care about the welfare of their clients, and not just money driven. When I was unable to travel, Jeff came to me, and I live an hour from the city. This firm is well known, well established, and has earned the respect and credibility among its peers. I highly recommend the firm of Gersowitz Libo and Korek without hesitation and, in fact, I already have. My thanks go out to the entire team for a better than expected outcome!!! They get a 5 out of 5 stars from me!!read more
Mary S.
From beginning to end we were comfortable with the team at GLK. Thank you Mr. Gersowitz (Ed) for obtaining a settlement out of court.
Donna L. S.
Jeff and Michael are both very professional and helpful towards my case. I would like to thank the team and Irene, the assistant, for all their help despite the length of time that the case took. They took a lot of care and were patient with... answering any inquiries that I more
Cindy C.
La mejor firma de abogados, muy profesionales, excelentes persona, todo el tiempo estuvieron pendientes de mi y mis necesidades, estoy muy agradecida con ellos.
Maricela O.
I was injured in 2011 and spent nearly 8 years with Ed Gersowitz and Jeff Korek. Their professionalism and care was beyond. The process was long and at times exhausting but Ed. Jeff and their team made me feel comfortable and in great hands. I... can't thank them enough and would highly recommend GLK to all. Thank you for all your help!read more
Jeremy N.
Thank you to the team at Gersowitz Libo & Korek and special thanks to attorney Daniel, Avi and Annette for all your help on my case. Dealing with the law...
Hazel M.
I am giving this law firm 6 out of six thumbs up. Very professional very personal and compassionate staff. From the Attorneys to the staff they were all...
Anthony C.
Thank you to the team at Gersowitz Libo & Korek, and especially to our wonderful attorney Anthony Makarov. Mr. Makarov was our trial attorney who took our...
Amy L.
Ed Gersowitz and all his colleagues at the firm Gersowitz Libo & Korek, PC far exceeded all my expectations for a personal injury law firm. From the moment...
Robin F.
They were incredibly professional and pleasant to work with. They made the personal injury process straightforward and easy to navigate. I appreciated their...
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