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Tort Reforms Too Limiting?

January 1, 1970 · FLEMING | NOLEN | JEZ, L.L.P.

Tort reform is a contentious subject in the Unites States. Many politicians and attorneys have ranging opinions about whether the amount and limitations injury victims can file and claim should be modified. Tort reformers seek change the civil justice system to limit and restrict victims’ ability to bring lawsuits against negligent parties. Reforms can also reduce the damages individuals can try to recover.

In an article titled, “Hurt? Injured? Need a Lawyer? Too Bad!,” Mimi Swartz articulates her frustration with tort limitations. She writes,

If you took a drug that was later recalled after studies proved it could cause fatal complications, the manufacturer can escape liability for your serious injury or death if the instructions inside the package were approved by the FDA when you took the medicine. If your child is blinded at birth because of medical malpractice, there is a good chance that her only remedy is to receive a few hundred dollars a month for the rest of her life. If a driver hits your old Ford Pinto from behind and burns you beyond recognition, Ford will almost certainly be able to shift the blame from its defective product to the driver of the other car.

While some of her statements may seem extreme, in some cases, she is not entirely wrong. Many cities seem to move towards limiting the amount of compensation an injury victim can recover.

At Fleming | Nolen | Jez, L.L.P., we are not afraid to challenge negligent parties and hold them accountable for any injuries they may have caused. Whether you were hurt by a medical device, a defective drug, or in an aviation accident, you can rest assured that you have qualified attorneys ready to help you. Time is of the essence. To learn your legal rights and for experienced representation, contact our firm today! We offer free consultations to get you started!

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