What are the disadvantages of this tort reform: a no fault personal injury compensation system?
- Allow injured people to get compensation to pay for the treatment they need urgently rather than months or years later when their claim is finally successful.
- Save taxpayer money on Court running costs by not having to establish actual fault in each case
- Allow the plaintiff to get the full compensation instead of their lawyer taking a massive cut of the damage payout.
- Allow poorer people to get compensation since under the current system many cannot afford to go to Court.
- Make it easier for those who would otherwise struggle to meet the legal burden of showing liability for negligence due to technicalities to get compensation.
It would be paid for by levies on employers and as part of road user charges etc. plus redirecting the taxes that are currently wasted on Court time.
That’s not to say that there wouldn’t be exemplary damages for gross negligence of course. This is ONLY dealing with compensatory damages for personal injuries.
Btw the system will be administered by a govt department.
@ Paula: well employers are already vicariously liable for the acts of their employees so this levy will be a substitute to vicarious liability.
As for road users; merely driving on the roads risk the safety of others.
You don’t want to pay the levy then don’t drive, take public transport instead.
In the US some states already have a “no fault” personal injury system.
Florida, New York, Michigan are some states that have it.
There are several different types of no fault.
In a no fault state each driver is required to purchase Personal Injury Protection (PIP) coverage. They are required to purchase this coverage with a minimum limit. In the event of an accident, injured parties go to their own PIP coverage. If the injury “breaks threshold” then they can pursue the other drivers liability coverage. In most PIP states, you break threshold by having a permanent injury.
Problems in a PIP state:
Fraud is rampant. Dishonest medical providers don’t treat the injury. They treat to use up all the available PIP coverage. For example: I saw a claim from a chiropractor who who do a couple of adjustments – then an MRI. Do another few adjustments for another 2-3 visits – then another MRI.
In theory it should lower law suits – it has not. Lawsuits still happen.
In theory it should lower rates because of less law suits – again, not the case.
PIP does not pay “pain and suffering”. Does it qualify as “full compensation” if there is no payment for pain and suffering?
In order to qualify for pain and suffering in a PIP state you have to break threshold.
You still have to establish fault. Companies still have to do an investigation to determine fault. Investigations are done when the incident happens. You don’t know which ones will go to law suit and which ones won’t. There is no savings for investigation expenses.
unpaid unemployment compensation?
I failed to claim my ‘Weeks” for FL unemployment. I called them and they said they would put in a request for release of the un-payed moneys but that I shouldn’t expect anything because they (FL unemployment) rarely payout past moneys due to failure to claim “Weeks” Will I have a leg to stand on if I have to appeal the pending denial?
How come you didn’t claim your weeks?
Maybe U could tell them (if U can prove it) that U were looking for a job out of state.
I would call your local state representative and ask what your right are in this matter.
No sense chasing your tail, if U won’t win anything.
Just show up from now on so U can collect.
Every state works differently, I’m in NYC, so any advice I could give U would be based on NYS rules … I don’t know the rules in FL, but your local State rep will.
Is my wife really just a gold digger?
My wife left me 5 weeks ago. We didn’t fall out or have an argument or anything, we’d just not been getting on as well and she was depressed and homesick (we were posted overseas) and she is now adamant that she doesn’t want to try again and doesn’t even want to meet up with me to talk things over when I go over to see the kids this week. I asked if that was the case did she want a divorce – but she said no. she said that there would be no point. I took that as being a hopeful sign and I’ve been doing everything I can to try to work things out with her but now I’m not too sure. I am in my last year of my 22 years in the Army. I know that she is entitled to a portion of my pension but I’ve just had a bit of a worrying thought. I was injured in Iraq 3 years ago and I’m just waiting on the results of some tests to determine how bad my condition really is (brain injury in an explosion) before I look at putting in a claim. I will probably be looking at quite a large compensation payout because of this – due to the effect it will have on my future earning potential (loss of driving licenses, can’t operate machinery, can’t work at height,etc). Is my wife holding out to see if she can get her hands on half of my compensation payout as well as my pension? We’ve been married 2.5 years, together for 6, I’m 40, she’s 26 and we have 2 kids – a 4 year old and a 2 year old.
I wouldn’t say she’s necessarily a gold digger, it just doesn’t sound that way to me. You say she’s not asking for a divorce, which sounds like she may not be entirely giving up on the marriage-that’s a good thing! Sounds like she is might be tired of the military life and being left alone all of the time and is bored or depressed. I’m not a military wife, so I don’t know her life. I am however a SAHM and I know that women can often feel “trapped” or cooped up when their home alone with the children all of the time if there is no outside life. Women in these situations can sometimes lose their identities or feel like they are only moms and nothing more, esp. If they don’t see you much. I imagine that being a military wife is difficult. I would say that you need marital counseling.
Spend some time together(if she’s open and willing)just the 2 of you. Take her out,buy her flowers,help her with her tasks at home,etc… Sometimes, it’s just those little things that mean so much. If she is adamant that she’s not willing to work on it though, then there really no other alternative than to split.
Best wishes, I hope it all works out in your favor
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