Oliver Law Firm Tort Reform Blog Post

As our country is gearing up to select our presidential nominees, the candidates have all begun to take important stances on key issues. While the candidates align themselves with certain policies, it is important that we as Americans determine where we personally stand. As I see it, there is one issue that is consistently debated among Americans that is quite misunderstood. That issue being tort reform.

For those of you who do not know, tort reform is legislation that attempts to limit the ability of victims to bring lawsuits or receive fair compensation. It is almost guaranteed to be a major issue in this election cycle, and it’s important for the voting public to know where they stand.

Before making any kind of determination on where one stands on tort reform, they must first start with the Seventh Amendment to the Constitution of the United States, it reads:

“In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved”

The right to a trial by jury was held as a fundamental right by our Founding Fathers, and as Americans, we must stand up for that right in modern times. Limiting a victim’s access to a jury or instructing a jury on a limit for damages destroys the very essence of the decision-making power our Founding Fathers vested in members of our communities.

While most Democratic candidates are strongly opposed to modern tort reform measures, Republicans are the candidates who should be the most ideologically opposed. Breaking it down simply, tort reform is increasing the power of the centralized government to regulate individuals. It takes decision-making power away from community members and places it in the hands of legislators. With most Republicans holding a belief in smaller government and the upholding of the Constitution, opposition to tort reform should be a clear decision.

So as the primaries approach for both national and state elections, consider where the candidates stand on this important issue. We as Americans shouldn’t allow our constitutional rights to be taken away.