Personal Injury Law

When you hear Tort Reform, What you are really hearing is the call To Take Away Your Legal Rights and Remedies!

By Norman Gregory Fernandez, Esq.

Tort Reform is really all about politics. The bottom line is when you hear the word tort reform you better know that someone is aiming to take away your legal rights and make it more difficult for you to obtain justice through the legal system.

What is a Tort? A basic definition of a tort is that a tort a cause of action in the law, that does not have a basis in contract. Torts can be; car accidents, truck accidents, slip & falls, false imprisonment, assault & battery, negligence, invasion of right of privacy, product liability, etc.

Anybody who has suffered a personal injury due to the negligence of another has basically suffered some kind of tort.

Now who above all benefits from tort reform? The answer is quite simple; insurance companies, big business, pharmaceutical companies, the medical industry, and other similar entities.

Who suffers as a result of tort reform? People suffer. Persons who are victims of dangerous and defective products; dangerous drugs which should have never been put on the market, companies who put the dollar in front of safety, negligent health care providers, etc.

Now the proponents of tort reform always seem to blame the trial attorneys for the reason why prices are so high, or for filing frivolous lawsuits, etc. The ignorant amongst us actually buy into this propaganda because they may have an unreasonable bias against trial attorneys, or not even know what we do. Some even buy into tort reform because their particular political party may support it, even though tort reform may and possibly will hurt them as individuals! Does this make sense? I think not.

The fact is this; if you are injured, hurt, or have suffered due to the negligence of another or an entity, you are going to want to get yourself a trial lawyer such as myself, as soon as possible. We are the ones who will battle for you to get you the compensation you are entitled to.

When you hear politicians from certain political parties speak of tort reform, try to ask them the question, and if not find out the answer to the question yourself; What special interest group is paying them to get them to take away your legal right to sue or get justice through the legal system.

Frankly, I am appalled at seeing our current President preaching tort reform which will hurt individual Americans who have been victimized by big business. This is a guy who basically signed legislation that for all intents and purposes took away bankruptcy protection for Americans to give credit card companies and the health care industry a break.

Who is here to protect ordinary Americans? It is Trial Lawyers like me, and voters like you. It is your civic duty to vote and make sure that we do not elect stinkfist who will take away your legal rights!

By Norman Gregory Fernandez, Esq., © 2007

Full post as published by California Personal Injury Law Blog on December 21, 2007 (boomark / email).