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Tort Reform Fiction

January 15, 2010

Looking around for Tort Reform articles, I came across this bog entry which rather simply sums up what the Tort Reform proponents wants us, the Public, to believe. Always remember that ultimately, it is the Juries who decide the amount of the damages an injured person should receive–No one else makes that initial decision.

Tort Deform, Broken Down

I found this to be an excellent, simple break down of the position taken by Republicans and others who support tort deform:

“Let’s look at how a tort trial typically works. The injured party has a lawyer (you know, the “bad guy”). The doctor/corporation/defendant has a lawyer (or lawyers). There is a judge. And then there are twelve (sometimes six) ordinary citizens. – the jury.

The injured party’s lawyer has a chance to tell his client’s story. The lawyer(s) for the doctor/corporation/defendant has a chance to tell his(their) client’s side of the story.

The judge tells the jury what the rules they have to apply to the case are.

Then the jury makes a decision.

It is this last group of people the Republicans are really complaining about. They are the ones deciding whether to award money to the person who claims s/he was injured.
But to hear the Republicans tell the story, you would think that there is only one lawyer in the courtroom (the injured person’s lawyer), the judge is asleep, and the injured persons’s lawyer is sitting with the jurors as they deliberate, telling them what to do.”

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