Wednesday, June 11, 2008

Limiting Claims on Personal Injury: A Tortuous Attempt?

Personal injury-causing scenarios are quite common in our society. These incidents can happen at any place, any time and under any circumstance.

Generally, tort law is the same as personal injury law. Hence, any injury to one person caused by another is called a tort.

One of the most important social roles of tort law is compensation.

Victims of personal injuries are entitled to claims under the law on torts. The offender may be required to pay money by way of damages.

Another important role of tort law is that it serves as deterrent to negligent individuals by holding them responsible for their actions. It also educates the community as to what is unacceptable conduct.

The question now is: Are laws on tort enough refuge for individuals who are injured due to the negligent act of another? Do they promise fair and just compensation to these victims?

Well, tort reform has been the subject of many debates especially in this election season. It has also been subject of countless bills.

In California, cap on damages on personal injury cases specifically on medical malpractice cases is limited at $250,000. This has been dubbed as California's dirty little secret, which I suppose is not a secret to most of the people.

Personally, I do not agree on the implementation of a ceiling or a cap in determining compensation for personal injury cases.

First, each injury is different from another. Let say if a cap for injury is set at $50,000.00 then chances are it will be insufficient for major injuries especially those injury, which needs continuous treatment.

Second, let the court decides on the amount of damages. The courts are precisely there to determine the liabilities of the parties by evidence presented.

Last, let the lawyers do their homework. Claims must be based on allegations properly proved in court.