Tort Reform and Third Parties

eindependence/ February 10, 2016/ Government, Politics, Third Party

It should come as no surprise to anyone in America (or anywhere else, for that matter) that modern legal systems are incredibly complex, convoluted, and difficult to discern without years and years of education and research designed solely at understanding and interpreting the law – and even then, there are some lawyers that are top-notch and a lot of lawyers that really struggle.

Some would argue that the American legal system is intentionally convoluted, a web of laws that bleed into one another that makes it possible for any side to come out on top depending upon the skills of the lawyer that they hire compared to the skills of the lawyer the other side hires.

Judges gavel and a stethoscope in a conceptual image

At any rate, pretty much everyone would agree that there needs to be some reining in of the laws on the books and the way that we are able to interpret them.

This is why tort reform is such a hot topic in the United States, one of the most contentious and hotly fought topics – not only between lawyers that either support or oppose tort reform, but also legal experts, judges, corporations, individuals, and politicians at pretty much every level.

It’s interesting to see how both of the major parties feel about tort reform (the Democrats and the Republicans, anyway), but it is especially interesting to uncover how third parties in the American political system feel about these proposed reforms as well.

Let’s break down some of the information.

What exactly is Tort Reform, anyway?

Reform tort reform is essentially this:

Right now, individuals that file suits in the United States are pretty much able to ask for any kind of compensation that they like as it pertains to personal injury, assuming it is reasonable. Tort reform would overhaul the way that these cases are handled, establishing procedural limits on not only the ability to file claims but also capping the amount of money that can be awarded as damages.

Tort reform in the United States would mean that you may or may not have the opportunity to pursue legal damages after suffering personal-injury, and even if you were able to, you would only be able to ask for a specific amount that was capped arbitrarily.

It’s now easy to see why this is such a hotly contested issue.

How does tort reform work in our current political landscape?

As it sits right now, tort reform hasn’t been fully implemented in the United States – though there are a considerable amount of people that are doing everything in their power to bring it to bear.

According to those that would like to see tort reform, more than 15 million lawsuits filed in the United States each year are “frivolous”, the kinds of lawsuits that are doing nothing more than gumming up the wheels of justice and slowing down due process for those that actually need to take advantage of the legal system.

Those that oppose tort reform, believe that these kinds of changes are nothing more than a form of corporate welfare, designed specifically to allow big businesses, big corporations, and special interest groups to do anything and everything they please, understanding that they will only have to face limited consequences in the future.

How do third parties feel about tort reform?

It’s impossible to describe exactly how all of the different third-party options in the United States feel about tort reform, if only because there are so many “splinter parties” on all sides of the political spectrum.

Those that are on the left side of the political spectrum – leaning more towards the Democratic ideals – are usually in opposition of tort reform, while those that are on the right side of the political spectrum – leaning more towards the Republican ideals – are usually supportive.

It isn’t always accurate to paint these third parties with quite as broad a brush, but the most part this is an accurate representation.

What’s the future hold for American politics as far as tort reform is concerned?

22/10/2014 Roma, aula del Senato, comunicazioni del Presidente del Consiglio dei Ministri sul Consiglio europeo del 23 e 24 ottobre 2014, nella foto Maria Elena Boschi e Matteo Renzi

It is impossible to know exactly how things are going to shake out in regards to tort reform in the United States, but the odds of it actually being implemented are looking rather slim to none, at least while a Democrat controls the White House.

This has a lot to do with the litigious culture of the American population in general, but also has a lot to do with the legal industry, lawyers and their salaries, and the very fabric of the Constitution and individual rights in general.