Posts Tagged ‘ Punitive damages ’

Tort Reform Video Takes it Too Far–or Right on the Money?

January 24th, 2012. By AbiK

Was clicking around on some attorney blogs, and came across this gem—a rendering of what tort reform could look like for medical malpractice. Clearly it’s a bit over the top in a number of ways–but the point is there. And sadly, it takes a dramatization like this in order to crystallize key points buried in tort reform legislation. 

If you’re wondering what the HR 5 bill is, it’s aim is to “improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system.” That’s the aim. And it all sounds good—until you start to read and understand what it all might mean to you or your loved one should you find yourself in need of a personal injury attorney.

Oh, and note to self: phrases on a government bill such as “sharing of information” should always pique one’s interest…

Tags: Caps on Damages, HR5 Bill, Liability, medical malpractice, Punitive damages, Tort Reform
Posted in Emerging Issues, Tort Reform | No Comments »

Legalese & Legal-speak: 10 for 2010

December 23rd, 2009. By Kristine B

With 2009 about to come to a close, it’s a good time to take a little breather and take a look at some of the words or phrases you often hear in relation to a lawsuit—but might not know what they mean. They tend to get glossed over as if everyone out there took Latin for 6 years and loves to speak in legalese. So as we get ready to kick off 2010, here’s 10 for ’10…ten common legal terms you oughta know for 2010 and beyond…in plain English…

Damages 

Most of us are used to thinking of “damage” as what happens after a tornado (or a couple of five year olds on M&M’s) hits town. But the weird thing about “damages” from a legal perspective is that it’s the AWARD that comes after the mess—and the lawsuit. Damages simply refers to money awarded as compensation for a legal wrong. Damages are either compensatory or punitive. Say what? It’s like Pandora’s box…keep reading…

Compensatory Damages 

Compensatory damages are awarded to compensate (so that’s where it comes from) the wronged party for money lost, expenses or pain and suffering due to a legal wrong committed by another party. Compensatory damages can include medical expenses, lost wages, loss of future earnings, property damage and pain and suffering. Compensatory = Compensation (well, Read the rest of this entry »

Tags: appeal, Compensatory damages, Damages, fiduciary, Fraud, jurisdiction, Negligence, Pleading Ignorance, Punitive damages, Statute of Limitations, tort
Posted in Pleading Ignorance | No Comments »