06 January 2009

Tort Reform

Simple. Loser Pays
I'm not going to pretend I made this up
Civil Suits: "Loser-Pays makes lawsuits fairer in Europe.

Law Blog - WSJ.com : A Look at Loser-Pays Litigation

I believe this is the case in a few states. I think it should be the rule throughout America.

My basic stolen idea is that the loser of any lawsuit pays court fees. I'm not going to go so far as to say they should pay lawyer fees.
I'd also allow judges to make exceptions to the loser-pay rule as they see fit. This includes making the loser pay lawyer fees.

I don't think there should be any other restrictions on lawsuits. If you wanna sue someone, you should be able to sue whomever you want, for whatever reason, and for however much you want.
But, if you lose, you pay the full bill.

Though I do wonder where they come up with some of these figures in lawsuits.
Like in a car accident. I can understand the cost of repairing or replacing the car. Medical expenses. Wages lost due to time off work (in hospital and recuperation)
In medical malpractice. All medical costs. Wages lost due to time off work. The kicker is if the procedure was permanently debilitating. How do you put a price on that. The cost of living for the rest of that person's life? The yearly salary for that person for the rest of their life?

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