The biggest tragedy about "tort reform" - which I think many politicians fail to see - is how such legislation decimates many families ability to get justice. A Washington Post article published Sunday, New Vaccine Clause Angers Parents of Autistic: Amendment Buried in Homeland Security Law Restricts Right to Sue Makers of Drug Preservative, shows the people effected.
Hopefully, before it's too late, Americans will see the injustices done by so-called "tort reform." Although, in my experience, most people don't care about it until it directly effects them and by then it is too late to change your vote or call your representative.
Wisconsin residents, Below are three situations for you to think about:
Wisconsin mother dies due to a recalled dangerous and defective product. The family, the father and minor children, can not recover more than the capped amount of $350,000 for the loss of their mother and spouse's comforts and companionship.
Wisconsin doctor cuts off a Wisconsin man's wrong limb. The Wisconsin man can't recover more than the capped amount of $350,000 for the disfigurement and mental anguish caused by this - no matter how horribly disfigured he is and no matter how much mental anguish or suffering he has.
Wisconsin man is drunk at a bar. The bartender knows the man is drunk and keeps serving the man for 3 hours knowing that the man will drive home drunk on the highway. The man crashes into an innocent driver paralyzing her. The drunk has $25,000 and no assets. The innocent driver cannot recover a single penny from the bar or bartender because they have immunity.
All three of these scenarios are the law in Wisconsin. No lawsuits can't solve everything, but justice would be nice.