Tort

This page serves as a simple overview of tort, tort laws, reform and advocated tort reforms. This information is for educational purposes only and should not be construed as legal advice.

A tort is when a civil wrong has been committed. Civil wrongs are wrongdoings that harm a person, property, legal rights or breach a duty owed under statutory law.

Tort Law

Tort law is the area or field of law that includes civil wrongs, the protection of a person's rights, reputation and property; as well as the protection of economic or non-economic damages. Tort law can include but are not limited to work injuries, defective products, slip and fall accidents, auto accidents and medical mistakes. This area or field of law is practiced under "Personal Injury Law".

Tort Reform

When changes are made to the US civil justice system; designed to improve the efficiency of litigation or lower the effects on the economy due to litigation; this is called tort reform.

In most political arenas tort reform is described as a movement to limit tort litigation and damages. Often a controversial subject and often debated; tort reform is advertised to limit the amount of "frivolous lawsuits". In contrast, much of the enacted and proposed tort reform actually reduces or eliminates the constitutional or legal rights of the people, in favor of reducing or completely insulating wrong doers from being held accountable.

Frivolous Lawsuits

In general, a frivolous lawsuit is considered to be a lawsuit that has no existing legal precedent or good-faith argument for a change in the law; or a lawsuit that has no basis in fact. The term is often misused by reform advocates who use the phrase to describe tort lawsuits that have succeeded where many felt there was no merit to award high damages; comparable to the actual damage received by the person who was injured. Courts in most jurisdictions already have rules against frivolous lawsuits, including punishment for the lawyers who bring them. Also, as a practical matter, there is no economic merit for a lawyer to bring a frivolous lawsuit on a contingency fee basis.

Frequently Advocated Tort Reforms

Some of the most frequently advocated tort reforms include:

• Limiting punitive damages
• Limiting non-economic damages
• Usage of court-appointed expert witnesses
• Venue reform (limiting the jurisdictions where one can file a lawsuit)
• Limits on contingency fees

 Related:

• Protecting Firestone and Ford, Federal Tort Reform
• Personal Injury
• Types of Personal Injury Accidents
• Personal Injury Law
• Personal Injury Lawyers
• Personal Injury Claims
• Personal Injury Compensation
• Industrial Disease

The statements and information provided on this web site are for the information of the recipient only. This site is not intended to provide legal advice and no attorney-client relationship should be deemed to arise from the receipt this page and/or its associated pages.