If we are to keep our democracy, there must be a commandment: Thou Shalt Not Ration Justice. -- Judge, Learned Hand
A Tort is a wrongful act or omission by someone, which causes damages to someone else. The person who commits the wrongful act is called a Tortfeasor. Although, some Torts could be the result of crimes, but they do not have to.
Tort injuries are not limited to physical, emotional or financial damages. They can be injuries to reputation, violation of privacy, property or an encroachment on a person’s constitutional rights.
Tort Law, on the other hand, consists of rules and regulations that provide remedies to those, who have been harmed by the wrongful acts or omissions of others.
The purpose of Tort Law is very clear: to permit the Court, as a professional and impartial forum, to assess the veracity and weight of relevant evidence presented; calculate the amount of damages the plaintiff has sustained, and make her or him “Whole” again. This is how ordered liberty and equality under law made possible.
The type of recovery that a court can award a plaintiff in a Tort case may include:
Please note that Punitive Damages or Exemplary Damages are only awarded in cases where the defendant’s act or omission was egregious, appalling or outrageous.
Tort Reform refers to a set of changes made to the Civil Laws, for the purpose of reducing the ability of victims to obtain just compensations for their damages. Most Tort Reform Laws have been enacted by the states. However, the federal government has also legislated some.
Proponents of Tort Reform (Mega Corporations and their Political Allies) argue that lawyers file many lawsuits; some of them frivolous. These lawsuits result in excessive awards and generate exorbitant fees for attorneys, which drive up the cost of doing business.
In theory, this argument seems valid, but it is not. Let’s start this discussion with definition of Frivolous Lawsuit:
Frivolous Litigation or Lawsuit is referred to the practice of starting or carrying on a lawsuit that does not have any chance of success. In other words, a "frivolous litigation" is based on a claim or a defense that the lawyer knows; it is baseless or futile.
In such cases Rule 11 of the Federal Civil Procedure and similar state rules hold the filing Attorney Accountable. Thus a Competent and Credible Lawyer would perform his or her thorough investigation and professional due diligence concerning the facts of their clients’ claims or defenses, prior to filing a lawsuit.
Moreover, if proven that a frivolous claim or defense has been asserted, the courts readily impose sanctions upon the party and/or their lawyers. Such sanctions include fines, paying the opposing parties’ attorney fees, state bar censure, and even contempt of court.
Finally, assuming that an incompetent lawyer wrongfully files a frivolous lawsuit; the armies of Corporate Power-Lawyers are not known for their compassion and generosity. They can easily have the court determine the merits of a claim or defense.
Thus Frivolous Lawsuit prevention argument is utterly baseless. Especially, when the lawyer’s fees are contingent upon the outcome of the case.
As far as the volume of cases is concerned, again this is a malicious argument. The fact is that our Justice System and Corporate Power-Lawyers are so intimidating that an estimated 72% of the people with viable legal grievances never seek legal help.
Again the main reason for such huge number of cases, especially, in Tortious matters, is because there are far too many people injured by defective products; medical malpractice; frivolous defenses, unjust delays and denials of the Insurance Industry and Fraudulent acts of Banks and the Corporations that grow around them.
Tort Reform Laws are systematically removing the only checks and balances in our justice system, which were ingeniously designed to make sure that the rich and the powerful, especially the “moneyed corporations,” (as president Jefferson referred to them) do not trample upon the rights and liberties of the voiceless and the defenseless.
Trial by jury in civil cases is a fundamental right granted to all Americans, and with good reason. That is because, the judicial branch of the government is the only forum, where the lowliest citizen can stand on equal footing and in parity with the most powerful.
It is for this reason that James Madison declared that “trial by jury in civil cases is as essential to secure the liberty of the people as any one of the pre-existent rights of nature.”
Moreover, the 7th Amendment was devised to be a fundamental and just barrier protecting the American People from abuse, mistreatment, and error. If we abandon this safe harbor or continue to stay silent during this premeditated robbery of our rights, liberties and rationing of Justice, we have no one to blame, but ourselves.
We established Chosen Lawyers, because we believe in “Justice for All” and “Equality under Law”. We also believe that our Justice System must become more meaningfully available to everyone, regardless of race, gender, color, creed, religion or national origin, with the speed of need. However, the important question that remains is: Are you ready to Stand for Your Rights?
If you’ve been harmed by anyone, please click on www.ChosenLawyers.com and consult with a Capable, Credible and Compassionate Chosen Lawyer, right away. Your Consultation is FREE and CONFIDENTIAL.
Paymon Barati-Darmian, Founder