Friday, January 20, 2006

EXPLODING THE MYTH OF THE LAW SUIT CRISIS OR WHY TORT REFORM IS NOT NECESSARY

This article explores and explodes the myth of the necessity for tort reform regarding personal injury claims.

Cincinnati, Ohio (Press Release via ( http:www.castellilaw.com )
January 29,2006 -- Greater Cincinnati personal injury and accident attorney Anthony Castelli exposes the myths behind lawsuit reform.

Its fashionable in some circles to proclaim that legions of lawyers are ruining our country by bringing frivolous lawsuits that are bankrupting business and clogging the courts.

But the truth is it just is not so. In 2004 thee attorney general of the United States released statistics showing that in the 75 largest counties civil trials dropped by 47% from 1992 to 2001.

In trials in which the plaintiff was succesful the median award shrank from $65,000.00 to $37,000.00 Punitive damages were only awarded 6% of the time and the median award was only $50,000.00

The budget office also found that insurance took in less money from investments so they charged higher premiums.

With regard to malpractice insurance a study showed that over the last 5 years the amount major malpractice insurers collected in premiums more than doubled, while their claim payouts were essentially flat.

Some malpractice insurers substantially increased premiums while claim payments and projected payments fell.

They accumulated record amounts of surplus. They actually increased their premiums by 21 times the increase in their claim payouts. This amounted to three times as much in premiums taken in as they paid out. So the insurance companies have no crisis. If their is a crisis its caused by insurance companies gouging doctors.

The reality is foreign corporations are able to do business in America. Why aren't they run out by high verdicts. The only companies ever put out of business deserved to go because the products they were making were killing people. This number is miniscule compared to the number of foreign and domestic businesses flourishing.

As for caps on damages that only puts the catastophically injured on welfare and on the taxpayer , when giant corporations have ample funds to cover the injuries they cause.

So when the topic comes up , don't be fooled again.

by Anthony Castelli Greater Cincinnati personal injury Attorney htpp://www.castellilaw.com

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