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Civil Justice/TORT reform

Something that has bothered me for years is putting dollar amounts on legislation. It constantly keeps ‘dating’ the process. This is even seen in Amendment VII of our Bill of Rights.

Pain and suffering limits do not normally take into account a person’s fiscal status which is absolutely critical when considering loss. While $250,000 is peanuts to Bill Gates, for example, it is a pot of gold to the unemployed, and therefore can be seen as a ‘way out’ and a REASON to pursue a claim.

EXAMPLE ONLY: If a person loses their ability to continue in their career, perhaps the last four years of a person’s wages should be averaged and the UPPER LIMIT should be that amount times four- paid over four years- not in a lump sum. Lawyer fees should be limited as a portion of the award. Of course that would not limit a person’s ability to be re-trained into a new field of work if appropriate or cover the actual COST of their future medical needs.

Huge inappropriate lawsuits hurt us all. Insurance companies, doctors, patients and the public.

Our courts often go too far and award too much. Sometimes accidents just happen and barring real negligence, our doctor's and hospital's liabilities should be limited.

Real loss should be compensated for though.

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