The tort reform movement is founded on the notion that our current system, under which a personal injury victim is entitled to a jury trial if he or she can’t settle their case, is somehow flawed.
Supporters of tort reform believe that the federal Congress or state legislatures should make decisions that were formerly made by juries. For instance, juries in this country have traditionally had the right to decide the amount of money damages a personal injury victim is entitled to. Tort reform supporters, however, believe that Congress or state legislators should place caps or limits on those damages that juries would then have to follow.
We must remember that our right to a jury trial in personal injury cases is guaranteed by our federal and state constitutions. A jury trial should mean that twelve local people make the determination of what someone’s injuries are worth – not Congress sitting thousands of miles away. Accordingly, the tort reform movement is just another attempt to limit a personal injury victim’s chances for justice.