Tort reform:
Jury only assigns percentage based upon split of liability. Can range from 0 to 100 percent but the some of all parties must equal 100.
Awards to be limited to:
Cost of medical treatment, past current and future
Plus lost wages
Plus court fees
Plus legal fees (prevailing rate, both sides)
x3 if party is found to be willfully negligent (violation of law)
x2 if party is found to be negligent (no violation of law but reasonable expectation of care)
x1 if party is found to be at fault (causes injury but not a lack of care)
Add up the cost of the award
Apply multipliers
Apply percentage based on Jury finding
subtract the lesser amount from the greater ammount
The remainder is the award.
“Tort reform....”
Way too generous.
Perhaps 80% of cost of medical treatment, past current and future
+
80% court fees
There needs to be incentives to keep legal and medical costs down for non-injured people.
I may break my own leg due to my own carelessness.
I should not have medical care priced out of my reach by the legal system.
Not in all jurisdictions.