Tort Reform in the United States - Research Paper Example

Generally, the purpose of the tort system is to provide compensation for those individuals who have been harmed (Champan, 2010). The harm, in this case, ought to be a proven one so that full compensation can be made available. This paper, therefore, seeks to provide information on the tort system in the United States of America and how it works. The paper will provide information on how this system is used in the U.S when and how they are performed and how it affects the individuals in general.

There are various issues which are identified as those that makeup debates on the tort reform. These aspects include: Economic effects Fairness in treatment Restrictions on damages that are noneconomic Reduction in the decree of limits of action Punitive injuries and awards Awards for suffering Class action proceedings in the United States Claimed inadequacy of the authorized system. In the United States of America, tort reform activists argue that many lawsuits are frivolous. These advocates claim that the tort reforms of the present time are too expensive.

Advocates, in this case, tend to prove that they are not comfortable with tort cases as far as the cases are concerned. This is major because they tend to suffer more than those who are involved in the cases. These advocates claim that they are the ones who face adverse effects for fighting the wrong in the society. To them, they feel that it is not fair because when fighting for the right, they end up facing exactly the opposite. Tort law generally defines what makes up an authorized injury and establishes the charge.

It is simply an answer from the civil court to criminal law. This reform, therefore, is the political expression for the divisive matter of reducing tort proceedings, rewards, damages, and reimbursement. The aspect that majorly contributes to this reform being controversial is that its promoters aim at placing limits on the quantity monetary damages that may be awarded in medical malpractice or individual injury lawsuits (Bornstein, 2007). This makes it controversial because advocates are meant to be of help to those who are affected but at some point, they are found to be having limits.

In this case, it is quite clear that not every individual will have their advocates fight for them. There are cases where advocates choose not to get involved because of the rules and regulations that have been set. At this point, the advocates are trying to avoid instances where they get to suffer more (Lunney & Oliphant). They tend to have limits to make sure that the tort cases they deal with do not adversely affect them instead. Most of the advocates support tort alteration, particularly in the personal injury lawsuits.

This is because of the undulate effects legal fees and extreme damages have on industries and taxpayers by extension. Tort reform's advocates say these undulate effects result in prices that are higher for both services and products. At this point, they are complaining as well because they feel that these reforms do not do them good. They feel that at some point it becomes hard for them. They feel that they are not able to deal effectively with the effects that come along with these reforms. Areas of the authorized procedure which are embattled by tort reformists include contingency fees, venue shopping, and class action court cases.