Insurance companies spend billions of advertising dollars on television ads, radio commercials, and print advertising to convince you that they are trustworthy, that they will be there when you need them. Unfortunately, their marketing tactics are nothing short of deceptive; rather than honor your injury or wrongful death claim, they will do anything and everything they can to wear you down and get you to settle for less than fair compensation. If they can, they will blame you and completely deny your claim.
But their actions go well beyond the dodgy practices of denying claims and getting victims to settle for less; these same insurance companies are also one of the key players behind movements known as “tort reform” – laws and legislation that violate the 7th amendment rights of citizens by restricting their right to a jury trial for their injuries or losses.
Who Really Benefits from Tort Reform?
Coined in the mid-seventies by greedy insurance companies, politicians, and corporatists, the term “tort reform” implies that there is something wrong with the justice system. To add insult to injury, these same tort reform advocates lay claim that they were the victims of this broken system, burdened with frivolous lawsuits and runaway juries that treated them unfairly.
In an effort to make it appear as though tort reform would be good for all of America, insurance companies and other tort reform backers crafted brilliantly convincing (but untrue) statistics, data, and information to feed the public. They blasted this information onto the internet, through the media, and through any other outlet they could find. But denied claims, capped amounts for lawsuits, and arbitration meetings that have resulted from their successful efforts are only benefiting one group of people, and it is not the American public.
Take, for example, the extravagant parties attended by insurance company top managers and cost containment firms that help “manage” workers’ compensation cases. Immersive in nature, these parties have everything from paid acrobats and super-sized hummers to rock bands and giant alligators on display. And there are more than 100 of them per year.
Where is that money coming from? Considering that the top insurance companies make upwards of two to five billion dollars in profits each year, the easy and obvious answer seems to be that it is probably coming from the shortchanged and completely denied claims of injured and wrongfully killed victims. And, as those victims suffer, insurance companies and other invested parties push for more and more reform, putting more and more Americans at risk for denied or shortchanged claims.
The Real Statistics on America’s Tort System
Despite what the insurance companies want you to believe, the tort system is not broken. In fact, the Annual Report of the Illinois Courts shows that civil cases have been on a steady decline since 2007 and are now down 26 percent since that time. Malpractice cases have also steadily declined, down 43 percent since 2003, according to a report from the Low Bulletin Publishing Company.
Protecting the Rights of Victims
The American public deserves to know the truth. More than that, they deserve to have their constitutional right to a trial by jury protected. To ensure this happens, advocates who are actually for victims need to keep fighting, and victims should seek representation when they are injured.
At Hurley McKenna & Mertz, we stand up for victims as advocates and as skilled, experienced legal counsel. With the knowledge and resources that only 75 years of combined experience can provide, we can help you with your accident, injury, or wrongful death claim. Get started today by scheduling your free initial consultation with our Chicago, IL personal injury attorneys. Call 312-553-4900 today.
Sources:
https://www.propublica.org/article/workers-comp-conferences-expos-and-middlemen
http://illinoiscourts.gov/SupremeCourt/AnnReport.asp
