Tort Reform Only Benefits Insurers Justice For All Only A Tiny Fraction Of Claims Go To Trial.

Anecdotes and lawyer-bashing are a lousy basis for stealing civil rights from injured people. But those are the tactics, in the effort by insurance companies to place lawyers and justice out of reach for everyone but big rich corporations.

The official euphemism for this legislation, pending in Olympia, is tort reform. In fact it’s an effort to shut courthouse doors to average persons and spare insurance companies the burden of compensating people for their injuries.

Sure, every year we all hear about a few outlandish verdicts. But anecdotes can conceal truth. And the truth is, most of the time when someone’s negligence injures someone else, either the complaint is dropped for lack of merit or the injured party wins a negotiated, out-of-court settlement. Only a tiny fraction of claims go to trial. Those that end in settlement do so because the injured persons retain lawyers who convince insurance companies that payouts are deserved.

The bills pending in Washington’s Legislature aim to short-circuit this process.

The reforms would leave untouched the ability of insurance company lawyers to collect $200-plus per hour (a cost passed on to the little people who pay premiums and expect coverage).

But, the bills would cut and cap the contingency fees by which plaintiff’s lawyers get paid. And, they’d increase these lawyers’ upfront costs in evaluating cases.

So, if you’ve been injured, it would be harder for you to find a lawyer willing to help you. This especially would be true if your damages were below the six-figure mark, as they are in many cases. Get it? The reforms would make it unattractive for lawyers to take the bulk of personal injury claims. How nice for insurers.

There’s more. The proposals try to frighten plaintiffs away by stripping them of patient-doctor privilege. So, defense lawyers could rummage randomly through their medical records for embarrassing tidbits with which to harass them in court.

Also, the reforms would bar injured construction workers from suing their employers and require they be satisfied with state industrial insurance. So, some firms could cut corners, win contracts and cause accidents, while responsible contractors would help pay the higher taxes to cover the state insurance payouts. Good grief.

Has the Legislature no shame?

, DataTimes MEMO: For opposing view, see headline: Frivolous lawsuits burden on society

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