Tort Reform

Tort Reform creates an imbalance in the system against people and in favor of insurance companies, large corporations, large institutions, hospitals and doctors. I was taught that everyone should be responsible for their own conduct.  This is the American way.  This is justice. Freeloaders are frowned upon.  If you spill milk you fully clean it up.  If you spill chemicals you fully clean it up.  If you hurt someone, you fully compensate the person or their family for the full loss.  To limit this right to full compensation with damage caps or other mechanisms that impair the right to fully compensation for the damage done by someone.

Contingency Fees equal the playing field

Corporations and insurance companies want to pass laws ending or limiting contingency fees so that only the rich can afford good lawyers.  Those who attack trial lawyers know that we are the only remaining effective lobby force protecting consumers of medical and other services and goods in our society.  Don’t let your rights be limited by scare tactics.  TORT REFORM allows defendants to make a big mess but to be responsible for only part of their mess.  Good Mothers and Fathers teach their children to clean up their whole mess, and to be fully responsible for all of their conduct.  Therefore, TORT REFORM is wrong because it allows some of us to avoid responsibility for their conduct.

Money and powerful interests upset the the balance of justice for all citizens

One way that the tort system is being attacked is by misinformation. Big corporations, insurance companies and their lobbyist are selling a bill of goods to the public when they attack the civil justice system with misinformation. What is happening, is legal jury tampering. Fictitious cases on the internet, and false and misleading information about true cases is circulated for this purpose, but the TRUTH is available.  See the Truth about McDonald’s Coffee Case, and other infamous and false cases. See here  and See here. 

A new study on rising insurance rates, dropping claims and dropping claim payments, reveals that insurance companies are gouging the medical profession while creating an argument that frivolous lawsuits are to blame. This study was based upon insurance data provided to the various states and was authored by a former State of Missouri Insurance Commissioner. Calls are made for investigation and regulation by two State Attorneys General and a State Insurance Commissioner. When the insurance industry is gouging the medical profession those costs are passed on to the consumers, us. See study here.

Allstate fined $25,000.00 per day for failure to comply with Missouri Court’s Order requiring the release of their claims handling policies in suit by policy holder claiming, what we at Pedroli and Gauthier believe is already obvious, that Allstate treats their own policyholders poorly to the profit of Allstate. The fine is over $4,000,000.00 as of April 2008. Florida suspended Allstate from writing new auto policies for its refusal to produce these records in Missouri according to The Countian, a St. Louis County publication, April 10, 2008.

There are many ways that the insurance industry and medical lobbies are influencing state legislatures to limit recoveries and access to the Courts with Tort Reform measures. See these.Many other procedural measures (barriers) adopted in Missouri and other states substantially and unnecessarily increase the litigation costs, thereby altering the risk/benefit equation for pursuing these cases. These measures may not only prevent many injured people for obtaining full redress for their just claims, but prevent attorneys from taking these cases in the first place because the costs are higher, the risks are greater and the potential reward is lower. So what may sound reasonable at a glance, may close the courthouse doors to many victims.

When we consult with clients in medical malpractice and injury cases, we explain all options (the good, the bad and the ugly) so that the client can fully understand the situation. We take most medical malpractice cases on a contingency contract where we front all costs and the client does not have to pay back if the case is not won. This takes the fear out of the equation for the client.