I was meeting with a client yesterday, and she made a comment that an incredible amount of clients have made over the years: "I am really not the type of person to sue." What is that type of person? The media and U.S. Chamber of Commerce have made people feel like it is a bad thing and wrong. Why?
Our Constitution provides for a judicial system and a jury. Suing someone for negligence or wrongful acts and for compensation have been part of our system for over two hundred (200) years. It’s not illegal. You aren’t committing a crime. You aren’t doing drugs. You are accessing the courts which is what makes our country so great. And, yet, people come into our office concerned about doing something totally legal.
It got me to thinking yesterday. If everyone wants tort reform, why not have the ULTIMATE TORT REFORM? Let’s eliminate ALL civil lawsuits. Imagine the money we would save. We could have less judges and less administrative personnel. We could have lower legal fees. And, companies could pay out less money in damages. Additionally, and MOST IMPORTANTLY, we would not need any liability insurance.
Think about that. No insurance premiums to pay. And, if you are injured, you don’t have to worry about going through the court system for compensation. You have to foot your own bill.
Next time you think about tort reform, think about this: who wants tort reform and why? Forget the attorneys involved. Think about the ultimate parties: the person injured and the insurance companies. Because, when you get right down to it, the people/companies who benefit from tort reform are those who have to pay out compensation to injured individuals, and all tort reform does is decrease the amount of a compensation for legitimate claims (frivolous claims are not as prevalent as you are made to believe – talk to your judges about that).