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Tort Reform

 
 
joefromchicago
 
  1  
Reply Tue 20 Jul, 2004 08:55 pm
fishin' wrote:
If you can't raise the rates aren't they capped?

No. It appears that the Texas insurance commissioner didn't exactly rule that the insurers couldn't raise their rates because of a cap, but rather because they hadn't given the new tort reform regime enough time. From the insurers' perspective, of course, there's little difference. From a consumer's perspective, however, I'm sure a cap would be much more reassuring than what the linked article describes, which appears to be, in effect, a temporary moratorium.

fishin' wrote:
TX implemented a tort reform package that limits non-financial claims (I don't rememebr the exact term..).

There are various terms: non-economic or non-monetary losses, pain and suffering, "hedonic" damages, etc.

fishin' wrote:
My understanding of it is that you can collect any amount that you can prove in actual losses (i.e. lost current and future wages, medical care costs, modifications that might become required for your house/car, etc..) but other amounts are limited to an amount set by their legislature (that amount is supposed to be reviewed every few years). I don't know if it is tied to the rate caps or not.

That's similar to a lot of states that have either imposed or are considering caps on non-economic damages.
0 Replies
 
jpinMilwaukee
 
  1  
Reply Fri 23 Jul, 2004 04:48 pm
Re: Tort Reform
Redheat wrote:
Tort reform is becoming a major political issue in many states and federally.... My question is where do we stop?


If we are going to have Tort Reform why stop there? Let's take it all the way, what do you say?


Cool


A great question Redheat. I agree we can not have the government limit Lawyers earnings potential, after all they are receiving what the market bears. But there is a solution. What is best about it is we do not need the governments help... we can do this one ourselves.

I read a great book called "Out of Order" by Max Boot (which I would recommend to anybody). In it he calls out the judicial system for allowing things to get the way they are. He doesn't blame lawyers, he blames judges for allowing frivolous law suits to continue and even goes so far as to sway the judgments. What is most powerful is that he calls the public out for allowing judges to get away with it. They are elected officials that no one pays attention to. Think about the last time you voted... did you vote for judges? If so did you know what they stood for and what their record was? Many people don't pay attention to this part of the ballot and elect who ever has the most lawn signs out. All we need to do is elect responsible judges, and frivolous law suits will take care of themselves.
0 Replies
 
Baldimo
 
  1  
Reply Fri 23 Jul, 2004 06:26 pm
One of the issues I see with Tort Law is that the people it was intended to help don't receive all the money. A majority of the money that is won in these types of law suits isn't going to the person sueing but the lawyers working the case. Did any one see the film A Civil Action. It is the perfect instance of lawyers getting the most money while the people who need it don't!
0 Replies
 
 

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