Over the past decade, the topic of tort reform has risen into top focus for lawyers, insurance companies, and the general public alike. Tort reform broadly describes the effort of state and federal lawmakers to make it more difficult for personal injury victims to file lawsuits against those responsible for their injuries. In addition to limiting the right for a victim to file a personal injury suit, tort reform advocates often seek to set a cap on the amount of damages an injured party can receive. These laws do nothing to help consumers and only serve to maximize insurance industry profits.
At Mitchell Hoffman & Wolf, we prioritize the rights of our clients to obtain full and fair compensation for their injuries and we fight tirelessly to achieve the best results and combat insurance companies seeking to protect their profit margins. In this article, we’ve broken down why Illinois tort reform negatively impacts consumers and prevents individuals from receiving full compensation when they’re injured. Read on to learn the history of this topic and how our firm fights to protect the interests of injured parties.
Understanding Illinois Tort Reform
Tort Reform Attitudes
Those in favor of tort reform believe that large verdicts and settlements from personal injury matters drive up insurance costs for everyone, but this hasn’t proven true — several states have passed tort reform efforts but do not see lower insurance premiums. Instead, tort reform advocates attempt to protect the interests and profit margins of insurance companies and large corporations.
Advocates believe the court system is unfairly tilted in favor of individuals over corporations, but as personal injury lawyers fighting for clients in the courtroom daily, we know first-hand that this is unequivocally false. Our firm and our state trial bars stand in firm opposition to Illinois tort reform efforts like those previously proposed in our state.
1995 Tort Reform Failure
Nearly three decades ago, the Illinois Supreme Court determined that a tort reform effort was unconstitutional. This effort included clauses such as:
- $500,000 limit on non-economic damages in liability or negligence cases involving death, injury, or physical property damage
- Barring a defense attorney from holding discussions with a plaintiff’s medical provider
- Mandating that every personal injury lawsuit plaintiff must agree to the unlimited disclosure of all medical information to any parties who request it
- And more
These reform attempts were deemed unconstitutional on several grounds and struck down by the Illinois Supreme Court. Still, tort reform remains a top issue for many, and advocates continue to attempt to change laws to protect the interests of corporations over consumers. At Mitchell Hoffman & Wolf, we strongly oppose these acts and fight against them.
Mitchell Hoffman & Wolf Fights Against Illinois Tort Reform and For Our Clients
At Mitchell Hoffman & Wolf, we’ve spent decades battling insurance companies for personal injury victims, from car accident cases to workplace injuries, police misconduct, medical negligence, and more. You can trust our team to always put the interests and needs of our clients first, and we’re dedicated to securing you the best possible outcome so you get the funds you need to recover and move forward.
If you or a loved one has suffered an injury at the hands of another party, turn to our team for support. Consultations are always free, and you won’t owe us a cent unless we win your case. Reach out today to discuss your injury and learn how we will fight for your best interests.