More TN tort reform may make the 'loser pay'

Posted By Kinnard, Clayton & Beveridge || Feb 20, 2012

New Tennessee tort reforms have some individuals questioning whether the caps on litigation and punitive damages will hurt victims rather than help them. According to last year’s legislation, non-economic damages were capped at $750,000 and punitive damages were at $500,000. The only exceptions were “catastrophic” losses or intentional misconduct. The new tort changes also limited what can be brought to trial under the Tennessee Consumer Protection Act.

Our attorney, Daniel Clayton, believes that working-class citizens and small business owners may be frightened to bring claims against the defendant because they may have to pay more for litigation fees than whatever award them may be able to recover. This is because of the tort reforms.

Daniel said,

If loser pays passes, it gives incredible power to insurance companies and big business because they can intimidate people and bankrupt people to make it very difficult for a family or small business to hold a corporation or insurance company accountable for wrongdoing. It would be the equivalent of the New England Patriots having to pay all the expenses of the New York Giants because they lost the Super Bowl. No one would claim that the New England Patriots shouldn't have played in the Super Bowl. What we are dealing with is much more serious than a football game because it's lives that have been catastrophically injured.

At Kinnard, Clayton & Beveridge, we believe that all forms of pain and suffering should be considered when an individual has been injured due to negligence or inaction. These new tort reforms may end up harming the victims who have already been hurt enough. In matter of emergency room errors, most doctors already have standards that protect them against medical negligence. We believe it is time that the state protect the victims of the injurious incidents. If you were hurt because of someone else’s negligence, contact our Nashville personal injury attorneys today.

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