Tort reform is a hot button topic in the state of Kentucky because it could drastically change the compensation that a plaintiff is able to receive in an injury settlement. Many other states have capped the amount of money that is able to be given to someone who has suffered an injury and in some cases this can hang an innocently injured victim out to dry. At The Schafer Law Office, we want to make our clients and everyone else aware what is going on in Frankfort.
How Tort Reform Can Affect the Plaintiff
As mentioned before, tort reform can put a cap on the amount of money a plaintiff can receive in a settlement. But, tort reform can also make it more difficult to file a suit to begin with. Somewhat recently, our neighbors to the north in Indiana passed a tort reform law that caps all damages. This includes victims that have suffered from medical malpractice and lumps in lost wages and medical treatment costs.
Kentucky’s constitution prohibit capping any damages that a plaintiff may have suffered, but all of that may change within the next year. Kentucky made a change to the laws earlier this year when they made it an obligation for medical malpractice plaintiffs to go before a medical advisory board for approval before they can file a case. While this isn’t a huge step in tort reform laws, many think it has opened the door for Kentucky to take the larger tort reform steps that many other states have taken.
The Schafer Law Office’s Take
When it comes down to it, The Schafer Law Office wants what is best for our clients and their families. With tort reform laws arises pressure to settle outside of court rather than take the case before a jury that will give a fair judgement. Our clients deserve the best out of their case and The Schafer Law Office wants to make sure that happens.