The frivolous case for tort law change: Opponents of the legal system exaggerate its costs, ignore its benefits

Opponents of the legal system exaggerate its costs, ignore its benefits

by Lawrence Chimerine and Ross Eisenbrey

Tort litigation has been blamed for driving liability insurance premiums to excessive levels, reducing real wages and overall employment, undermining corporate profits, dampening productivity growth, discouraging research and development, and generally reducing the willingness of corporations and individuals to take reasonable risks (such as introducing new products) that may benefit themselves and society. There is scant evidence for any of these claims. To the contrary, macroeconomic trends since the early 1990s are especially inconsistent with the argument that supposedly high and rapidly rising tort costs have inflicted serious harm on the economy. Yet the legal system's critics continue to argue that there is a tort liability 'crisis' that warrants changing the tort system, and that change is a key element in bolstering economic growth in the future. Yet these critics provide no credible evidence to support their assertions. In fact, what little effect changing the tort system will have on the economy might hurt job creation rather than help it.

A 'tort' is 'a wrongful act, damage, or injury done willfully, negligently, or in circumstances involving strict liability, but not involving breach of contract, for which a civil suit can be brought. Proponents of changes in the U.S. legal system have tried to associate tort litigation with a host of ills, from driving doctors out of business to closing municipal swimming pools. Increasingly, they argue that the tort system is a drag on the U.S. economy as a whole and, especially, on job creation and retention. "


If you are unable to settle your accident claim by yourself without filing a lawsuit, then you can look forward to paying over 1/3 of your claim, if not more to your lawyer to file a lawsuit for you.

Structured Settlements And H.R. 4314 - Cutting Through The Myths

Structured Settlements And H.R. 4314 - Cutting Through The Demagoguery: "Summary: Structured settlement buyers provide a valuable service to individuals that originally choose a structured settlement instead of a lump sum and now wish to alter the timing of some or all of their payments. The vast majority of structured settlement recipients are employed and perfectly capable of deciding what is best for them financially. They had the right to choose a lump sum at the time of settlement and should continue to have the right to choose how they get their money. HR 4314 eliminates citizens' rights to choose what to do with their money.
Myth: Structured settlements are used to provide for the long term care of seriously injured people.
Reality:
Over 85% of structured settlement recipients are gainfully employed or capable of working and do not suffer from a long term disability. "

This involves "factoring" the settlement and involves too much math for me. But I have seen this done in several personal injury cases where the settlement or jury verdict were high (over $150,000.00).

Statistics prove prescription drugs are 16,400% more deadly than terrorists

Statistics prove prescription drugs are 16,400% more deadly than terrorists:
"America was rudely awakened to a new kind of danger on September 11, 2001: Terrorism. The attacks that day left 2,996 people dead, including the passengers on the four commercial airliners that were used as weapons. Many feel it was the most tragic day in U.S. history.
Four commercial jets crashed that day. But what if six jumbo jets crashed every day in the United States, claiming the lives of 783,936 people every year? That would certainly qualify as a massive tragedy, wouldn't it?

Well, forget 'what if.' The tragedy is happening right now. Over 750,000 people actually do die in the United States every year, although not from plane crashes. They die from something far more common and rarely perceived by the public as dangerous: modern medicine.

According to the groundbreaking 2003 medical report Death by Medicine, by Drs. Gary Null, Carolyn Dean, Martin Feldman, Debora Rasio and Dorothy Smith, 783,936 people in the United States die every year from conventional medicine mistakes. That's the equivalent of six jumbo jet crashes a day for an entire year. But where is the media attention for this tragedy? Where is the government support for stopping these medical mistakes before they happen?
After 9/11, the White House gave rise to the Department of Homeland Security, designed to prevent terrorist attacks on U.S. soil. Since its inception, billions of dollars have been poured into it. The 2006 budget allots $34.2 billion to the DHS, a number that has come down slightly from the $37.7 billion budget of 2003.

According to the study led by Null, which involved a painstaking review of thousands of medical records, the United States spends $282 billion annually on deaths due to medical mistakes. And that's a conservative estimate."

I just couldn't believe it until I read it.

Personal Injury

Personal Injury: "Legal Information ---
Car accidents involve insurance as well as personal injury law, so it is very important that victims of a crash contact a lawyer immediately. Attorneys will mediate between the persons involved in the accident and the insurance companies. An attorney will attempt to prove liability by preserving evidence and interviewing witnesses. Attorneys also ensure that you receive proper medical care, and document your injuries so that you receive full compensation.

Scene of the Accident
It is important to collect as much information as possible at the scene of a car accident. The following is a list of data that should be collected:
Names and addresses of drivers, driver's licenses

Names and addresses of passengers

Names, addresses and telephone numbers of any witnesses

Names and addresses of registered owners of the vehicles

Names of insurance companies, policy numbers

Location of the accident

How the accident occurred

Did any of the drivers seem to be under the influence of drugs or alcohol?

Injuries

Damages to vehicles

Names of police officers that responded to the scene

Did anyone claim responsibility for the accident? "

There are Post Accident suggestions you should follow too!

How Much is Your Personal Injury Claim Worth

"It can be tough to set a dollar amount on injuries you suffer in an accident. There are so many things to consider: doctor's bills, time lost from work, medical costs for ongoing injuries, pain and suffering, and so on. Insurance companies take all of them into account when deciding how much to offer -- and ultimately pay out -- for a personal injury claim."

They also apply a discount and start off with what is know as the "low-ball" initial offer to personal injury victims.

Personal Injury Cases vs. Claims

Personal Injury Times - Personal Injury Cases vs. Claims: "You don't have to go to law school to handle your own accident and personal injury claim. If you engage an attorney to represent you, depending on your the state that you live, he or she is going to take 33 1/3% to 50% right off the top of your settlement (they get paid first!) - - for doing little or nothing, but presenting your claim documentation and negotiating your settlement - - when you could have done it yourself. Now you don't have to have a law degree to do this, Do You? You know your lawyer is negotiating with an insurance adjuster to settle your claim. "

Your Car Accident & How To Talk With Your Insurance Company On A Disputed Claim

Your Car Accident & How To Deal With Your Insurance Company On A Disputed Claim: "When you disagree with your insurance company, about a claim, you have the following 7 options which you can proceed to do, without going to court.
If your agent is unable to solve your problem, get the name and phone number of your insurance companies Claims Department. More often than not it's an 800 number. Call The Consumer Complaint Department. Talk to them because they should be able to help you.
Don't hang up until you get the specific name of the person with whom you spoke. (Make a note of the person you talked with and hold onto that until you've finished and your dispute).
Send a covering letter (to that individual with whom you spoke) that contains all the documents you have to back up your position.
All insurance companies have either an 'Appraisal Service' or 'Arbitration Service' which have been created to settle differences and/or disputes."

This is some good advice.

Auto Insurance Savings Checklist

Auto Insurance Savings Checklist: "There are many ways to save with your auto insurance. Here is a list compiled by your About.com Personal Insurance Guide. Make sure to print this list to use while shopping online or with a local agent. "

This list is a great start.

How to Buy an Insurance Friendly Vehicle

How to Buy an Insurance Friendly Vehicle: "The cost of auto insurance should be at the top of the list when one is considering the total price of purchasing a new vehicle. Just because one buys a smaller, cheaper car does not insure a cheaper insurance rate. A customer's driving history is just one of many factors that are considered when determining an insurance rate. Characteristics of the vehicle being purchased plays a large role in insurance costs. Below is a list of features or types of vehicles to avoid to get the best stretch out of one�s insurance buck. "

Every little bit helps.

Vioxx verdict's dark side - The Boston Globe

Vioxx verdict's dark side - The Boston Globe: "A TEXAS JURY's Texas-size message to the drug manufacturer Merck last week may mean more than meets the eye. The jury awarded a $24 million base amount for the death of Robert Ernst and $229 million in punitive damages, apparently for Merck's failure to adequately disclose the risk of heart problems from Vioxx. Merck's stock market value declined by $5 billion on Friday. Lawyers say that Merck may face up to 100,000 other Vioxx-related suits."

Let's see... 24 + 229 = $251 million. The lawyer's fees are tremendous. That is $251 million dollars for a wrongful death.

No Claims Bonus? Very Rare

Cheap Car Insurance:

"No Claims Bonus is a term used to describe the number of years you have had Car Insurance without making a claim. Put simply, if you have had Car Insurance for 4 years and you have not made a claim in that time, then you have 4 years No Claims Bonus. No Claim Bonus is probably the single biggest factor affecting the cost of your Car Insurance premium. Every year that goes by without you making a claim is another year of No Claims Bonus."

Considering that Insurance in the U.S. is a "for-profit" industry, real discounts are unlikely.

Personal Injury Times - US insurance case on non-OE crash parts

"US insurance case on non-OE crash parts may limit future class action lawsuits - Industry News - News & Events - Auto Industry: 'State Farm Mutual Automobile Insurance Co., the USA?s largest vehicle and home insurer, has won the reversal on appeal of a $1 billion verdict in what is described as an apparent victory for business groups trying to limit class action suits in the country, which have often featured vehicle manufacturers in recent years. The Illinois Supreme Court decided that 4.7 million claims over State Farm's requirement for use of generic (non-OE) parts in car repairs varied too much to be grouped together.'"

You still should check with your local State Statutes to see if your state requires the use of Original Equipment for replacement parts.

What Everyone Should Know About Auto Insurance

American Family Insurance: "Let's be realistic, everyone needs to have auto insurance. Aside from the fact that almost every state requires it, it is only logical for a driver to see that his vehicle is properly insured. Auto insurance offers property, liability and medical coverage. A full policy consists of six separate types of coverage. A majority of states will insist that you purchase all but a few of these kinds of coverages. Before making any major decisions about which auto insurance is right for you, it is best to educate yourself about insurance policies and terms."

Learn the different types of coverage for your protection

After a Serious Auto Accident is Your Car a Total Loss?

"You're OK. Your kids are OK. You have much to be thankful for. As for your car, well, there's not a lot left. The last time you saw it, it was being hoisted heavenward with two limp, deflated airbags dangling from the dashboard and broken glass littering the footwells. The front-end sheet metal resembled a rice-paper lampshade after a cross-country move. Questions start filling your head. Will you ever see it again? Should you start looking for a replacement? And at this point in time, is your auto insurance company a friend or foe? What if your car is rare or collectible? The following step-by-step guide helps answer these questions and more to help you survive the scrutiny of your car insurance company after you've survived a serious accident."

You may be entitled to loss of use of your vehicle as well.

Personal Injury Claims vs. Case

Too many personal injury lawyers are making their bread and butter from the settlement of their client's insurance claims (mostly automobile accident claims) instead of earning their money as trial lawyers trying their client's case in court. Why is that? Think about it. I hope to develop a resource here for other alternatives to this last monopoly in the United States

What to do After an Auto Accident

"Although auto accidents are more prevalent in the winter months, what you need to do after an accident never changes. Obviously it is hard to think clearly after an accident so it is important to know before you get into an accident what to do first and what questions may need answered. This checklist will help you know what to do after an auto accident. It is best to review it now and then print it out and keep a copy with you in your car."

5 Steps to Filing Your Auto Insurance Claim Right

"Evaluate whether or not you should file a claim: Did you know that just when you call your insurance company with a question about possibly filing a claim it is often recorded on your insurance record? It is important to keep your insurance record clean and one way is deciding weather or not you should file a claim. It doesn’t matter if the accident is your fault or not, you should ask yourself first if you can pay for the damage..."

You have to figure out if your deductible will be the only thing that will pay.