December 04, 2012 (Press-News.org) The most important reason behind a legal system that allows injury victims to pursue damages is accountability. Society recognizes that people need a forum to address the issue of who should pay when something has gone very wrong.
Two areas of personal injury liability that often involve large companies as defendants are claims involving defective products and medical malpractice. Responding to concerns that powerful corporations have gained momentum in restricting plaintiffs' options by lobbying for changes in state and federal law, a national group of trial lawyers recently launched a website to bring attention to what they see as an erosion of civil justice rights.
The American Association for Justice's Take Justice Back site provides information about specific instances of injustice, a range of statistics, and rebuttals to commonly held assumptions about personal injury litigation in America, including these facts:
- According to the National Center for State Courts (NCSC), tort cases (personal injury or wrongful death lawsuits) declined by a quarter over the past decade, and currently make up only about five percent of civil court caseloads
- Statistics from the U.S. Department of Justice show that the median award in a tort case is only $31,000, and awards have decreased in recent years
- Punitive damages are sought by only about five percent of all successful plaintiffs
- According to the NCSC and the National Practitioner Databank, medical malpractice payments have dropped significantly since 2001
Groups like the Institute for Legal Reform, the American Legislative Exchange Council (ALEC) and the American Tort Reform Association spend tens of millions of dollars every year lobbying for changes to the U.S. civil justice system that favor defendants. These groups provide model legislation to states or file lawsuits against government regulators in support of the vested interests of the companies that fund them.
South Carolina is among the many states that have passed significant caps on damages in certain types of lawsuits. Medical malpractice liability in South Carolina is limited to $350,000 in noneconomic damages against a single defendant, or $1.05 million in cases involving multiple health care providers or institutions.
Take Justice Back argues that tort reform movements and inaccurate characterizations of "frivolous" personal injury lawsuits have harmed Americans' access to justice. That argument is backed by a claim that many of the safety systems in the cars we drive today only came about because a company was successfully sued for inadequate or dangerous parts and systems.
Holding all potentially liable parties accountable is the goal of effective personal injury advocacy. An attorney can explain a client's likelihood for success and the importance of preparing a strong case for compensation from the outset.
Article provided by Philpot Law Firm, PA
Visit us at www.philpotlawfirm.com
Personal Injury Attorney Group Urges Americans to "Take Justice Back"
Responding to concerns that powerful defendants have gained momentum in restricting plaintiffs' options by lobbying for changes in state and federal law, a national group of trial lawyers recently launched a website to bring attention to what they see as an erosion of civil justice rights.
2012-12-04
ELSE PRESS RELEASES FROM THIS DATE:
Bill Looks to Prohibit Plea Deals in Certain New Jersey Megan's Law Cases
2012-12-04
Last month, a New Jersey lawmaker introduced a bill that would forbid prosecutors from entering into plea bargains with those accused of New Jersey Megan's Law offenses if the plea bargain would result in the accused not be required to register as a sex offender - effectively taking away some of the discretion afforded to prosecutors in such situations.
New Jersey Megan's Law
Under Megan's Law in New Jersey, a person convicted of a sex crime can face severe living restrictions years after they have finished their jail sentence. For example, Megan's Law not only requires ...
The Consequences of a Theft Conviction on Your Criminal Record
2012-12-04
"Theft" is the act of taking personal property with the intent to deprive the rightful owner of the property. If you are found guilty of a theft crime, the conviction could result in many consequences, including fines, incarceration, probation and a criminal record. Furthermore, a criminal record could have serious repercussions that affect the rest of your life.
Employment
Theft is a crime of moral turpitude because it is an act of dishonesty. As a result, prospective employers often disregard job applications from those with a criminal record. This is ...
The War on Drugs Undermines African Americans
2012-12-04
Recently, the Disproportionate Justice Impact Study Commission, a statutorily mandated committee, released a report confirming that the war on drugs significantly undermines African Americans and their communities.
According to the Huffington Post, drug crimes are largest cause of the increase in incarceration rates over the past several decades. In Illinois, African Americans make up 15 percent of the population and 61 percent of the incarcerated population.
Many believe that higher rates of drug-related incarceration match up with the rates of drug use. However, ...
Could Virginia's Fledgling Wine Industry Cause an Uptick in DUI/DWI Charges?
2012-12-04
Virginia's temperate climate, sunshine, good soil and moderately high yearly rainfall average provide an excellent environment for wine grapes. The state's wine industry has been steadily growing for several years, and now boasts the honor of being the fifth largest wine region in the nation. Obviously, a growing wine production movement is a good thing for the state, providing much-needed jobs and tourism dollars. However, if California -- home of many of the nation's most successful wineries and nearly half of all wine producers in the country -- is any example, the wine ...
Legalization of Marijuana and its Effect on Employment
2012-12-04
In the 2012 election, Colorado and Washington became the first states to legalize marijuana for recreational use. The laws allow residents to smoke pot in the privacy of their own homes, but not in public places. This brings up questions, however, about how employers are going to deal with drug use, including:
- Will employers be able to fire workers for smoking pot or coming to work under the influence of marijuana?
- Will employers be able to require workers to pass pre-employment drug tests?
The answers to these questions are not quite clear. Experts opine that ...
Your Home May Likely be Protected When Filing for Bankruptcy in Florida
2012-12-04
In today's turbulent economic times, many Florida families find themselves struggling to pay their bills. And even though bankruptcy may be an ideal choice for many of these families, they fail to explore the option for a variety of reasons - reasons such as the fear that they will lose everything in bankruptcy.
One important thing for Florida families to realize is that bankruptcy is not a punishment, but a way to obtain a fresh financial start. In fact, many families that file a Chapter 7 bankruptcy in Florida will actually be able to keep many of their possessions, ...
Minors Who Sext Could Be Facing New Penalties
2012-12-04
Technology often changes so fast that laws can quickly become outdated. Legislatures then have to scramble to implement changes that either enhance or reduce penalties to make them more appropriate in certain situations. The widespread use of cellphones has led to new legal issues that were not considered when laws were originally implemented.
Pennsylvania legislators recently passed a bill that deals with "sexting." Sexting occurs when individuals send naked pictures to significant others in text messages. While consenting adults may not find themselves subject ...
Are You Over Your Head in Student Loans?
2012-12-04
Many individuals work very hard to obtain advanced education. Unfortunately, student loans can get hefty, placing scholars in significant debt.
The U.S. Department of Education reports that federal student loan default rates are on the rise. During the first two years of student loan repayment periods, 8.8 percent of loan holders defaulted in the 2009 fiscal year. That number rose by 0.3 percent in the 2010 fiscal year.
While it is difficult to discharge student debt through the bankruptcy process, other financial strategies may be available to help you address your ...
NTSB Lists its "Most Wanted" Safety Improvements for 2013
2012-12-04
Whenever a motor vehicle accident occurs, officials will examine the collision to determine what can be done to prevent similar accidents from happening in the future. This can lead to new rules being created to address frequent problems, such as laws that prohibit distracted driving. If vehicles themselves are unsafe, this information can be used to help improve vehicle safety.
Each year, the National Transportation Safety Board releases its "Most Wanted" list, which contains the items the agency would like to see addressed to help make roads and vehicles ...
Co-Parenting Remains Challenging for Some Parents After Divorce
2012-12-04
Deciding to get a divorce is a life-changing process. It can be a very emotionally draining time for all parties involved. Couples may fight over property or custody of the children. These court battles can become lengthy and only add to the stress. For divorcing couples that have children, they will need to work with one another as they share custody of the children.
This can be a very challenging issue for some couples. If the divorce contained a lot of anger, it can be difficult for parties to move past these feelings. Children may be in the middle of a fight between ...
LAST 30 PRESS RELEASES:
Evidence of a subsurface lava tube on Venus
New trial aims to transform how we track our daily diet
People are more helpful when in poor environments
How big can a planet be? With very large gas giants, it can be hard to tell
New method measures energy dissipation in the smallest devices
More than 1,000 institutions worldwide now partner with MDPI on open access
Chronic alcohol use reshapes gene expression in key human brain regions linked to relapse vulnerability and neural damage
Have associations between historical redlining and breast cancer survival changed over time?
Brief, intensive exercise helps patients with panic disorder more than standard care
How to “green” operating rooms: new guideline advises reduce, reuse, recycle, and rethink
What makes healthy boundaries – and how to implement them – according to a psychotherapist
UK’s growing synthetic opioid problem: Nitazene deaths could be underestimated by a third
How rice plants tell head from toe during early growth
Scientists design solar-responsive biochar that accelerates environmental cleanup
Construction of a localized immune niche via supramolecular hydrogel vaccine to elicit durable and enhanced immunity against infectious diseases
Deep learning-based discovery of tetrahydrocarbazoles as broad-spectrum antitumor agents and click-activated strategy for targeted cancer therapy
DHL-11, a novel prieurianin-type limonoid isolated from Munronia henryi, targeting IMPDH2 to inhibit triple-negative breast cancer
Discovery of SARS-CoV-2 PLpro inhibitors and RIPK1 inhibitors with synergistic antiviral efficacy in a mouse COVID-19 model
Neg-entropy is the true drug target for chronic diseases
Oxygen-boosted dual-section microneedle patch for enhanced drug penetration and improved photodynamic and anti-inflammatory therapy in psoriasis
Early TB treatment reduced deaths from sepsis among people with HIV
Palmitoylation of Tfr1 enhances platelet ferroptosis and liver injury in heat stroke
Structure-guided design of picomolar-level macrocyclic TRPC5 channel inhibitors with antidepressant activity
Therapeutic drug monitoring of biologics in inflammatory bowel disease: An evidence-based multidisciplinary guidelines
New global review reveals integrating finance, technology, and governance is key to equitable climate action
New study reveals cyanobacteria may help spread antibiotic resistance in estuarine ecosystems
Around the world, children’s cooperative behaviors and norms converge toward community-specific norms in middle childhood, Boston College researchers report
How cultural norms shape childhood development
University of Phoenix research finds AI-integrated coursework strengthens student learning and career skills
Next generation genetics technology developed to counter the rise of antibiotic resistance
[Press-News.org] Personal Injury Attorney Group Urges Americans to "Take Justice Back"Responding to concerns that powerful defendants have gained momentum in restricting plaintiffs' options by lobbying for changes in state and federal law, a national group of trial lawyers recently launched a website to bring attention to what they see as an erosion of civil justice rights.