Here is my idea, (which would probably never float with many people): Lawsuits are about money, right? They aren't about hurt feelings, grief, or being mad. So what if people could never receive more money than they lost? Like say the McDonalds lady...if the case merited, would be paid for any out of pocket expense at the emergency room, any lost wages, but no "punitive" damages. If you are suing on principle, like a big mean corporation or doctor, you could still do that, BUT you wouldn't get the money, just (if you won) your lawyer expenses would be paid and that is all; the settlement would go to a charity or victim restitution fund or whatever, even the U.S. treasury for all I care. That way, the punishment could still happen, but it would absolutely cut out the frivolous suits; you would have to be pretty serious to go through with it when you know you aren't going to make anything. I bet it would cut out 90% of lawsuits, especially silly ones. What does anyone think?
The powerful trial lawyers lobby will always be able to pay off the corrupt Washington political class to protect its corrupt "justice" system.
I don't think so, because lawsuits are really about "making the victim whole", not just money. What if you are an athelete, and you are hit by a drunk driver, and both your legs are amputated. Only being reimbursed for your out of pocket expenses doesn't really make sense. What if you are the sole breadwinner for your family too? What if you were on track to MAYBE become a professional athlete, with a zillion dollar contract? Here's another idea for tort reform: LOSER PAYS. If you bring a lawsuit against McDonalds because your coffee is too hot, and you lose, then YOU PAY all the expenses, for both sides, of bringing the suit. This will ensure that if you bring a suit, you must be damn confident it has merit.
I agree in principle. Compensation for loss of income for a lifetime is not punitive damages. That kind of recovery for real damages over time is entirely justified. Loser pays would be a good reform. The current political class in DC has no interest at all in any positive reform.
I agree. However, parents for instance would not be able to sue for "loss of income" in the death of a grown child because the child would not have been supporting the parents. Loser pays would suit me ok too, good job.
