In recent years, tort reform has become a much-debated topic, with advocates claiming it will reduce unnecessary lawsuits and lower insurance costs. However, for victims of personal injury, medical malpractice, wrongful death and other violent crimes, these changes can pose significant threats to their ability to seek justice. At Isenberg & Hewitt, we are committed to protecting the rights of those harmed by negligence and ensuring that tort reform does not come at the expense of victims’ rights and advocacy.
What is Tort Reform?
Tort reform refers to legislative efforts to change the civil justice system, often by limiting damages that victims can recover, restricting their ability to file lawsuits or imposing procedural regulations that make litigation more difficult. These changes are typically advocated by corporations, insurance companies and medical associations under the idea of preventing what they deem as “frivolous lawsuits.” However, the real-world impact of tort reform is often detrimental to those who need legal recourse the most.
- Alabama is currently reviewing tort reform bills that will limit expert witness testimony, cap non-economic damages at $1 million and prohibit claims for negligent training and supervision.
- The Florida Tort Reform Act 2023, also known as HB-837, cut a plaintiffs’ time to file a suit in half, reduced the liability for property owners and lowered the accountability of insurers to conduct good faith settlements.
- Georgia’s proposed SB 68 is a comprehensive tort reform bill that would primarily benefit insurance companies and negligent businesses while restricting the rights of victims seeking justice.
At Isenberg & Hewitt, we are committed to holding wrongdoers accountable and guaranteeing that victims have a voice. Tort reform bills threaten to take that voice away, making it nearly impossible for victims of violent crime, nursing home abuse and negligence to obtain the compensation and justice they rightly deserve.
How Do Tort Reform Laws Affect Crime Victims?
Tort reform bills, like Georgia SB 68, create nearly impossible barriers for victims who seek to hold negligent property owners and companies accountable. Here are just a few of the ways bills like this impact victims:
- Near total immunity for negligent businesses – Property and business owners could face significantly reduced liability when their negligence leads to a crime occurring on their unsafe premises.
- Higher burden of proof for victims – Many tort reform bills require victims to prove “by clear and convincing evidence” that the property owner knew a crime was likely to occur.
- Restrictions on testimony about pain and suffering – Tort reform bills like SB 68 restrict what victims and their attorneys can say about noneconomic damages and the timing of these statements, making it more difficult for juries to fully understand the impact of the crime.
- Increased power to insurance companies – Tort reform bills make it easier for insurance companies to deny claims, leaving victims without financial support for medical bills, lost wages and/or emotional trauma.
- No guaranteed reduction in insurance premiums – Despite being presented as a measure to promote business, there is no assurance that tort reform bills will lead to lower insurance costs for consumers or business owners.
- Increased Legal Barriers: Laws such as mandatory arbitration clauses, stricter statutes of limitations and additional procedural requirements make it harder for victims to file claims.
Why This Matters
For victims of catastrophic injuries, sexual assault, medical malpractice and wrongful death, the ability to file a lawsuit is often the only way to obtain justice and financial support for medical care, lost wages and emotional trauma. Tort reform measures not only undermine these rights but also create a legal system that prioritizes businesses and corporations over the individuals who are vulnerable and need protection the most.
Fighting Back Against Unjust Legislation
As a civil law firm, we believe that every victim deserves their day in court. We actively oppose legislation that limits victims’ rights and work to educate the public about the dangers of tort reform. Here’s how you can help:
- Stay Informed: Understand how proposed tort reform laws impact access to justice in your state.
- Advocate for Victims’ Rights: Support organizations that fight against policies that favor corporations over individuals.
- Consult with an Experienced Attorney: If you or a loved one has been affected by tort reform laws, seek legal guidance to explore your options.
The civil justice system exists to protect victims, not shield negligent parties from accountability. We remain committed to defending those who have suffered harm and ensuring that tort reform does not erode the fundamental rights of victims seeking justice.