by Don Marcari, Attorney & Partner
Recently, there has been a lot of discussion regarding "Tort Reform" and "Frivolous Lawsuits." I have been an attorney for over 27 years and can honestly say I have never filed a frivolous lawsuit.
In North Carolina, there were over 109,000 automobile accidents with injuries in 2010. Only 4,800 lawsuits were filed and there were only 154 jury trials in the entire state! Additionally, according to the New England Journal of Medicine, there were 4,000 deaths and 5,700 permanent injuries due to preventable medical malpractice in North Carolina. Nationally, there were 195,000 deaths due to medical negligence. Statistics show there were a little over 11,000 deaths from firearms nationwide. Yet our politicians focus on the latter when the former deserves at least the same attention. In medical malpractice cases the problem is compounded by limiting what an injured person can recover by placing caps on what the jury can award.
I never understood how in the United States our criminal juries can award the death penalty but our legislators do not think we are smart enough to award an appropriate monetary award based upon the evidence in a civil case.
We all need to become better educated about what actually goes on in our civil justice system. A good place to start is by watching the movie, Hot Coffee. It is a great documentary that will educate you about the facts behind one of the most controversial law suits of our time. This film also tells the stories of a twin boy who was born with cerebral palsy because of medical malpractice at birth, former Mississippi Supreme Court Justice Oliver Diaz and rape victim Jamie Leigh Jones. You will definitely come out of it with a different view on “frivolous lawsuits” and our justice system.
CLICK HERE to find out more information on how to watch this movie!!
Our trained operators are ready to assist.Start Chat
Available 24/7 — We’ll come to you