South Florida Personal Injury Lawyer: Tort Reform “Hellhole” Designation Unfair
According to the South Florida Business Journal, a new study concludes that Miami-Dade/Broward/Palm Beach personal injury attorneys have been complicit in creating a “Judicial Hellhole.” The organization behind the study is the American Tort Reform Foundation, a Washington, D.C. based nonprofit advocacy group known for its annual Judicial Hellhole list. Not surprisingly, the organization is generously funded by far-right groups with a pro-business bias. The American Center for Justice responded to the list by noting that the ATRF receives its funding from "negligent corporations and industries to undermine the civil justice system." Fort Lauderdale injury lawyers Andrew Alitowski and William Moore continue to fight for the rights of the injured to achieve true fairness.
The ATRF has called the south Florida metropolitan area “a proverbial launching pad for class actions, dubious claims and novel legal theories.” The lawyer-operated American Center for Justice dismissed the Judicial Hellhole designation, saying that the list has been "widely debunked."
The ATRF and similar tort reform entities operate on the premise that the Americans litigate excessively and that jury awards are too large when compensating people who have been hurt. Unfortunately, these views fail to adequately address the problem that injured individuals deserve full and fair compensation for their injuries. Broward injury attorneys want their clients to be able to pay their medical bills, for instance.
Compensatory damages are specifically calculable figures designed to make the plaintiff as whole as possible after his injury. For example, after determining that the defendant was responsible for the injury, it will calculate damages such as medical expenses, lost wages, and disfigurement. Fort Lauderdale injury lawyers and the local judges evaluate many factors to reach an exact number. Compensatory damages allow an injured person to pay his bills and recover the basic losses he sustained from the defendant’s actions.
Punitive damages cannot be specifically calculated in the same way that lost wages are. Instead, juries and judges award them based on the gravity of the particular situation, although Florida caps the amount of punitive damages available. Nevertheless, they can serve two important purposes. First, they provide additional compensation to the plaintiff when the defendant’s behavior was so egregious that the compensatory damages are insufficient. Secondly, and very importantly, they serve a social purpose: punitive damages can seriously discourage intentionally damaging behavior. For instance, a large punitive damages award against a company that knowingly lied about putting lead in its paint will strongly discourage other paint companies from engaging in the same behavior.
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