What is tort reform?

Tort reform is a term used to describe certain changes to the law designed to limit the legal rights of people to file lawsuits for damages caused by another person or organization. In the state of Hawaii, tort reform primarily focuses on limiting how much a victim can recover in a lawsuit if someone else is at fault for their injuries. It does so by limiting the amount of money a jury can award a plaintiff, including limiting the amount of punitive and/or non-economic damages, such as pain and suffering, a plaintiff can receive. For example, in Hawaii, there is a cap on awards for non-economic damages, meaning a person can only receive up to $350,000 in compensation for their injury. This cap helps to limit the number and nature of cases brought to court. It also discourages those who might otherwise take legal action for minor injuries, as the potential for compensation is more limited. Tort reform can also take the form of laws that require people to use arbitration, or mediation, instead of taking their dispute to court. This helps to limit court congestion and also saves victims the expense of litigation. Ultimately, tort reform is meant to ensure that victims are able to receive compensation that is appropriate to their damages, while also balancing the interests of the defendant.

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What is tort reform?

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