What is tort reform?

Answer:

Tort reform is variety of ideas and laws that are designed by big business and the insurance industry to limit the recovery of the Plaintiff in a personal injury case. Most commonly, we see tort reform in the medical malpractice field.

Tort reform ideas include:

  • Limiting an injured person’s right or access to a jury trial by requiring that cases be tried before a medical panel first,
  • Placing an arbitrary cap on the injured person’s right to recovery for non-economic damages (pain and suffering)
  • Placing an arbitrary cap on the injured person’s right to recover for all damages (Virginia a $1.85 million cap for recovery in medical malpractice cases regardless of what your medical bills or lifetime care plan totals)
  • Imposing a system where the loser in a lawsuit has to pay all of the winner’s litigation costs

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FAIRFAX PERSONAL INJURY LAWYER | VIRGINIA AUTO ACCIDENT ATTORNEY | VIRGINIA CRIMINAL DEFENSE ATTORNEY

At David Marks Law, we are devoted to achieving the best possible result for our clients in each and every case. Whether that means reaching an early settlement with the insurance company or taking your auto accident case all the way through a jury trial, we work with our clients to understand their wants and needs and to implement a plan to achieve those goals.