When community members hear the words “tort reform” they usually think of one thing: medical malpractice. It is true that much focus on limiting the right of community members deals with insulating big medical companies (and their insurers) from being fully accountable for the consequences for their errors. But it is far too limiting to assume that these “reform” efforts are limited only to medical negligence. The truth is that big business of all stripes are constantly looking for various ways to insulate themselves from being held accountable for their errors.
This includes a wide-range of situations where brain injuries are implicated. For example, car and truck accidents are the leading casue of traumatic brain injury. But what happens if the accident itself was casued in whole or in part by something that was defective in the vehicle? As readers know, this happens all the time, and automative recalls are incredibly common. Under the civil law, those hurt in the accident may be able to hold the companies responsible for the defect accountable. But, there are efforts made all the time to slowly cut away at those rights, by making it harder to file suit, place limits on recovery, and otherwise throw more roadblocks in the way of residents seeking full accountability.
Not only do we need to correct all of the mistatements made by those pushing for these changes. But we need to fight back and actively protect all community members from the dangerous efforts being spearheaded by big business.
On that front, the American Association for Justice has recently launched a new program entitled “Taking Justice Back” that seeks a multi-prong approach to protect the legal rights of everyone from being taken away by big corporations. Please click here to be taken to the new website for the project. The online space has many great resources and will hopefully grow into a “home base” for all those working in various ways to protect the rights of consumers.
One of the centerpieces of the effort is dispelling the completely inaccurate notion that lawsuits are somehow an unacceptable drain on any industry. The truth is that full legal accountability and lawsuits have always brought about major changes that vastly improve safety, savings lives and money.
There are countless examples, but the automative changes are a crucial one for brain injury victims.
The reality is that so many of the most dangerous vehicles and parts were ultimately taken off the market solely because of legal accountability. Many major automakers knew that some vehicles were defectively designed, vastly (and unreasonably) increasing the risks of serious harm that took the lives of community members. However, instead of taking action to eliminate the risk and prevent the deaths, the companies decided that it was in the best interest of their bottom line to ignore it. In many cases they decided to simply make payouts to families after a death in wrongful death actions than make more significant changes that would have prevented the deaths in the first place. It is only after trial attorneys aggressively pursused these executives and demanded full accountability that the lives of community membres were deemed more important that increasing profits for the company. Without full access to the justice system in this way, it is unlikely changes would ever have been made.
Please take a look at the site to learn more. Also, if you or someone you know has been harmed in any way by the misconduct of another, please get in touch with the lawyers at our firm to see how we can help.
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