Tort Reform increases personal injury claims?
When tort reform logic is administered to a current issue like obesity, you begin to see why it could push the likelihood of personal injury claims up. One might wonder if there are too many personal injury lawsuits or too many accidents causing injury in the first place.
As an example, if parents get into the habit of bribing their children into being good, offering sweets, fast food and computer games as a reward/consolation rather than really listening to them and talking things through, the result is most likely going to be overweight and bad tempered children. The number of overweight kids has spiked over recent years, and with tort reform logic, we would end up blaming the dieticians for the neglect, and in the same way lawyers could be blamed for filing lawsuits when an accident has occurred.
Lawyers sort through and remedy unpaid medical bills and injury claims, in the same way that the dieticians are trying to help treat the obesity epidemic. Blaming lawyers for lawsuits is like blaming a dietician for attempting to treat obesity.
The logic being used by organizations who promote tort reforms believe over-fed has to be compared to over-lawyered, that too many lawsuits must be seen in the same light as too many fat people. If such logic is to be taken seriously, then it could also be applied to the doctoring business in such a way that they could be blamed for cancer in a similar way to dieticians being blamed for the obese.
Some would argue, that the problem is not a lack of lawsuits, in fact the direct opposite. The individual who has caused an accident wants tort reform logic, because then they get to cause accidents and not pay for the damages they have caused. Tort reform removes an individuals right to compensation if someone else has injured them.
Giving such avoiders of responsibility tort reform, is like giving the a gift for taking part, which would lead to more people thinking it is ok to be irresponsible.
Considering the lawyer would not have created the accident or the injury, you can see how this makes little sense. If there are too many personal injury lawsuits taking place, then it would be more helpful to ask what the causes of all these accidents are, and why so many of them lead to injuries. Asking the right questions tends to lead to more helpful answers, and unless the right kinds of questions are asked, we will be stuck with the same high number of personal injury lawsuits as irresponsible people who cause accidents will have nothing to worry about in terms of being held accountable for their actions, which would be a very scary world to live in.
Trying to take away the right to be compensated without cutting the amount of of accidents that cause injury, will leave you with the need for more and more lawyers.
Some believe that tort reform is a sign of how our society is becoming, that it is a symptom of less than positive development overall, the conclusion being that it is a symptom of, rather than a solution to the problem.