There is a relatively well kept secret in the United States regarding the law of personal injury. The secret is: trial lawyers, personal injury lawyers, and consumer lawyers are among the most important advocates for the safety and well being of the general public.
Every so often a tort reform bill or referendum comes before lawmakers. The arguments in favor of tort reform generally reflect the idea that settlements and verdicts relating to accidents, personal injuries, and medical malpractice increase the cost to the rest of society. This argument is used to persuade people across the United States that there should be caps on law suits for personal injuries.
The arguments in favor of placing caps on settlements and jury verdicts are largely an illusion sprung on the public by lobbyists for insurance companies. The simple fact is that caps on personal injury lawsuits benefit one group above all others: insurance companies. Insurance companies operate like any other business--their eyes are set on the profit margin. Insurance companies want premiums, they want your business, they do not want to pay out for claims.
Insurance companies spend billions of dollars each year in an attempt to sway public sentiment, to confuse the issues involved. However, the current healthcare/insurance system does not provide enough oversight and regulation of the injuries suffered by individuals. Caps on tort claims would significantly lower oversight of treatment afforded individuals--from tests performed by doctors related to injuries to treatment by insurance companies.
The role played by attorneys is that of an advocate. Attorneys facilitate the interests of the public and provide representation to those who cannot stand on their own two feet, literally and figuratively. Attorneys ensure that insurance companies pay the full value of a claim and fight so that people have a chance to recover from their injuries in a meaningful way. Attorneys protect against the tyranny of insurance companies. Insurance companies want attorneys out of the picture.
At The Law Offices of Adam J. Zayed, P.C., our attorneys are dedicated to ensuring that the rights of all of our clients are protected.