Personal Injury Law

Attacks on the Fundamental Right to a Trial by Jury Disguised by Rhetoric Attacking Trial Lawyers and Plaintiffs

By Benjamin J. Sansone, Esq.

"In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law." - - The 7th Amendment to the Constitution of the United States of America

As opinionated by this author in a recent article about the Starbucks Tip Jar Lawsuit, (See Missouri Wrongful Death Lawsuit from Claimed Negligent Security) Our system is already set up to to weed out bad lawsuits. If the law does not support he claim the Judge will dismiss the case on legal grounds, called a Motion to Dismiss for Failure to State a Claim. If it can squeak by that and the facts are so bad to make the case "frivolous" than a jury will find in favor of the defense and rule against the party the filed the case. "Tort reform" wants to bypass the above process and deny justice for all victims based on the frivolous claims of the very, very, few.

I came across an excellent blog recently that focuses on the 7th Amendment, and as a St Louis personal injury attorney I find the articles on this blog very interesting. See 7th Amendment Advocate. This blog is an excellent source for showing the FACTS debunking the tort crisis myth put out by insurance companies.

One example of the personal injury lawsuits myth:

1. Myth: We Need Federal Tort Reform Because Our Court System Is Overburdened With Tort Claims Against Businesses

Fact: Tort cases are a very small percentage of the civil docket. According to the National Law Journal, tort filings declined by 25 percent between 1999 and 2008, filings over contracts rose by 63 percent. According to a 2008 analysis by the National Center for State Courts, tort cases represent only 4.4 percent of the civil caseload.

Full post as published by Missouri Injury Law Blog on March 19, 2011 (boomark / email).