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2008 AFBF Policy Book

2008 Policy Book

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#69 TORT LIABILITY REFORM

To alleviate the tremendous economic pressure placed on businesses, medical providers, local governments and others, we continue to support the following tort reform measures:

  • Perform calculations that reduce future damages to present value.
  • Reform and reduce attorney contingency fee arrangements.
  • A plaintiff (party pursuing suit) should be responsible to pay defendant legal fees if the case is settled in the defendant's favor. The court should be responsible for collecting fees from the plaintiff.
  • Reform the collateral source rule to mandate revealing other sources of compensation for damages available to the plaintiff.
  • Mandate structured settlements for large monetary judgments.
  • Reform prejudgment interest rules by reducing the interest rate, which would start accruing the day the judgment is awarded.
  • Arbitration boards should be used to settle cases.
  • A person who uses a product in a way other than was intended should not be allowed to bring suit.