Commentary: Tort Reform Is a Misleading Promise
Big business and insurers’ claims do not hold up under scrutiny. Tort reform will not lower insurance premiums. It will not improve healthcare access, and it will not create a fairer legal system. Instead, it will leave citizens more vulnerable to harm and with fewer tools to seek justice, a former GTLA president writes.
January 31, 2025 at 03:59 PM
5 minute read
Big business and insurance companies’ advocacy for tort reform in Georgia is built on a foundation of misrepresentations, half-truths and outright lies. Tort reform proponents claim their policies will benefit “everyday Georgia citizens” by reducing costs, improving access to justice and ensuring fairness in the legal system. However, the reality is starkly different. Tort reform erodes the constitutional rights of citizens, disproportionately benefits the rich and powerful and fails to deliver on its promises.
At the heart of this debate lies the Seventh Amendment to the U.S. Constitution, which guarantees the right to a trial by jury, a right that is echoed in Georgia’s Constitution. This is the only mechanism that allows everyday Georgians to stand on equal footing with the wealthy and powerful. Whether it’s holding a negligent corporation accountable, seeking justice against an insurer acting in bad faith or confronting a health-care provider who has caused harm, the civil justice system provides ordinary citizens with a fair shot. Tort reform undermines this system by limiting damages, restricting access to courts and creating procedural barriers that favor big business and insurance companies over individuals.
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