Day BY Day Happenings

I get angry every time I hear government mention "tort reform" and "frivolous lawsuits". I have been on both sides of the coin with this one and I must say that I get torn.

On one hand, over the years, being in the business we are, we have been threatened with suits for stuff we did not do or were the fault of the person making the threats. Sometimes justice prevailed, other times it has not. It gets frustrating when people expect something for nothing or want someone else to pay for their own mistakes.

On the other hand, If my husband or child were crippled or killed due to someone's neglingence, I would want to make them pay as a way of punishing them. I do not want the government protecting them by capping off what they may have to pay. 

 I had a manager years ago. His baby was deprived of oxygen during the birth and was born with brain damage because the doctor refused to do a C section even though the monitors showed the baby was in distress. In their case, the child will need life long care. Should the doctor and his insurance company be protected from paying for that care? If we allow tort reform, he would have been protected.

People say that if we allow reform our courts will not be filled with frivolous lawsuits, people will see swifter justice and doctors will be more affordable and will not have to move away from our area because they cannot afford their insurance.

Personally, I prefer our doctors be fearful, they will be more careful. Those who are not can move to the areas that have reform. If there is reform to be had, it should be with the attorneys. They will less likely file frivolous suits if they are not so sure they can win. Lower the percentage they are allowed to charge instead.

Hubby and I have lifelong injuries from our 2004 auto accident but are not disabled as far as we can still work, we will just be in pain for the rest of our lives. We did not go to court, nor did we ask for millions of dollars yet the attorney received quite a bit of money for making a bunch of phone calls and mailing letters to negotiate our settlement.

Trust me, I tried to do it without an attorney. Really it is funny in a way because the insurance company could have SAVED a lot of money (about 35 grand) if they had been willing to work with me instead of forcing me to hire an attorney. Originally all I asked for was for them to pay the 20% of our medical bills that our auto insurance did not pay and for them to pay the 40% of lost wages that our insurance did not pay. IF they had done that as they said they would, no attorney would have been needed. Basically, insurance companies are partly to blame for why their own rates are so high, not frivolous lawsuits.

I understand there are some greedy people out there that try to screw the system but then that is why we have a jury system. Our courts do not always work as they should but it is the system we have. I think jurys should hear ALL the evidence not just bits and peices and then let them decide who is right or wrong as well as the award for damages.

The state of Florida is looking at tort reform now. If you disagree with me, feel free to sign their petition at   http://www.ilrflorida.org/316.cfm#petition  if you agree with me, then please let Jeb Bush know at Phone: 850-488-7146  or  Fax: 850-487-0801.

Jeb is all for tort reform. he just signed a bill that abolishes punitive damages in asbestos and silica cases and protects innocent sellers of asbestos/silica products. Innocent sellers of asbestos? Who are we kidding here?

|  Add to del.icio.us |  digg this