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© 2015 by Welebir Tierney & Weck, A Professional Law Corporation. All Rights Reserved. Design and editorial services by FindLaw, part of Thomson Reuters.

The phrase tort reform carries with it particular connotations.

Proponents of tort reform wish to change the legal system, but in a way that benefits private individuals and public corporations at the expense of seriously injured people.

 

The phrase tort reform, in other words, is pleasant-sounding code for limiting the rights of injured people.

An Insurance Company Is Committed To Its Own Profit!

You should remember that the insurance companies in favor of tort reform are not altruistic charities. They are for-profit businesses seeing to maximize their profits.

In other words, they do not have your best interests at heart, ultimately. They are working for themselves when they promote tort reform.

An Attorney !Holds a Fiduciary Duty To You

The personal injury system as it currently exists provides you with the opportunity to have an advocate for your interests who is committed only to you.

Unlike an insurance company, an attorney has what is called a fiduciary duty to you. This means that attorneys must put their clients’ interests above their own, even above their own profit.

How Much Is Your Case Worth?!

When it comes to you seeking compensation for your injury, California law does not leave it to chance.

 

Instead, California applies a legal doctrine called damages.

How To Measure Damages In California

The state of California applies different calculations to different types of damage.

1ECONOMIC

2NONECONOMIC

3PUNITIVE

THE 3 KINDS OF DAMAGES THAT CAN BE RECOVERED

in a personal injury case

What Are Economic Damages?

Economic damages include a wide variety of items, including

-  Injury related items such as medical bills, for instance

-  Lost income

-  Future income that stands to be lost

What Are Noneconomic Damages?

You have probably heard of noneconomic damages referred to as:

-  Pain and suffering, or

-  Emotional distress

What Are Punitive Damages?

Punitive damages are those damages measured by the court and assessed against the person responsible for the injury.

These damages are often meant to punish the person for having done something intentionally harmful.

They are also intended to deter that person and others from conducting themselves similarly in the future.

Do Not Let Tort Reform Limit Your Right To Justice!

California personal injury law provides people with an effective method of seeking compensation for their injuries. The existing personal injury system also enables injured people to hold those accountable for the injuries.

You can read more about how tort reform can limit your

right to seek justice in case of injury by downloading our free white paper, Understanding Tort Reform: A Roadmap. You can also visit us online.

S H A R E T H E W H I T E P A P E R

© 2015 by Welebir Tierney & Weck, A Professional Law Corporation. All Rights Reserved. Design and editorial services by FindLaw, part of Thomson Reuters.