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Many Americans support tort reform


April 12, 2004   by Canadian Underwriter


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A variety of tort reform measures are receiving public support in the U.S., says a new study by the Insurance Research Council (IRC).
Specifically, Americans favor limited attorney compensation, sanctions for frivolous suits, and consolidation of multi-state class actions in federal courts.
Overwhelmingly the public recognizes that lawsuit awards are growing in both number and size. While half of respondents say personal injury awards have become too high, only two-fifths think class action awards are too high. Nonetheless, 64% support limits on pain and suffering awards, while 62% want to see some consideration given to alternative sources of compensation to plaintiffs, such as workers’ compensation or health care benefits, in deciding the amount of awards.
And while the public sees benefit in the ability to control corporate behavior through litigation, they also see negative results of lawsuits higher prices, higher taxes, and reduced availability of products and services.
The biggest target of public ire, however, are attorneys, with respondents noting that in class action cases plaintiffs are seeing little benefit, while their attorneys are getting wealthy. Specifically, 82% favor limiting attorneys’ fees, and 73% want to see sanctions against attorneys who file frivolous lawsuits. There is also support for limiting the ability of attorneys to “venue shop” lawsuits to jurisdictions seen as more plaintiff-friendly. Respondents also want to see clearer disclosure to plaintiffs in class action suits.


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