Tort versus no-fault: compensation and injury prevention.
The tort system, as a means of compensating the victims of injury, no longer fulfills the purpose for which it was intended. The attempt to achieve a fair and rational method of compensation, especially in the areas of medical malpractice and products liability, has been displaced by a form of litigation lottery which permits attorney's fees to divert great amounts of money from victims in needs. A reform of this system is much in need and long overdue. Following a discussion of these and other problems with the tort system, this paper will present a method for ensuring the prompt settlement of most personal injury claims through payment of the victim's net economic losses. The parallels to no-fault auto insurance and workers' compensation are examined and attention is given to the likely impact of this proposal on the conduct of potential injurers and victims.
D003257:Consumer Product Safety; D006801:Humans; D007351:Insurance, Liability; D007883:Legislation, Medical; D008318:Malpractice / Q000191:economics / Q000331:legislation & jurisprudence*; D009042:Motivation; D014481:United States; D014947:Wounds and Injuries / Q000191:economics*