Tort reform is a misnomer for deformation of the common man and woman's rights to seek civil compensation in court. If we are all honest no one wants to be responsible for wrongs they commit. It goes against human preservation instincts but we have to be responsible or the entire system shuts down. What has made America different then most other countries is our willingness to be responsible irrespective of how much money we may have. Wealth has nothing nto do with being responsible. The order of the American system is upset when wealthy corporations use their wealth to influence members of Congress for a free pass from tort liability.

Deforming Civil Rights through Tort Reform

Everyone wants to save premium dollars and there's nothing wrong with wanting that. But should we be taking away the rights of those injured believing it will do so when there is no proof premiums go down when rights are eliminated?

Can we trust the news we read and listen to?



If we are all honest no one wants to be responsible for wrongs they commit. It goes against human preservation instincts but we have to be responsible or the entire American system shuts down. What has made America different then most other countries is our willingness to be responsible irrespective of how much money we may have. Wealth has nothing to do with being responsible. The order of the American system is upset when wealthy corporations use their wealth to influence members of Congress for a free pass from tort liability.

When you hear a politician or anyone talk about tort reform think about how that may affect your family. Think about a corporation making hundreds of millions of dollars of profit, maiming your son or daughter and your family must shoulder the costs of medical treatment, wage loss and reduced earning capacity. This isn't about anyone getting rich over a lawsuit; it's about corporate responsibility like any good citizen. It is easy to talk about tort reform and barring lawsuits in the abstract.  It’s more difficult when you insert yourself and your family into the equation that precludes or restricts recovery. Then tort-reform is real and it’s about tort-deform. Your rights are being deformed.

Falsifying the News is Perfectly Legal

I’m critical of attorneys who file lawsuits asking for an unreasonable amount of money. Of course that is easy to criticize in the abstract. I don’t do it easily, but I do recognize that working people, me included, pay a lot for insurance protection and if we can save money on insurance then that’s a good thing. 

Here is a short article I wrote about a lawsuit claiming a toe claim is worth $7.5 million.  Child Safety: Six year old with $7.5 m toe sues Crocs, Inc. I find it difficult to understand how anyone can claim these types of damages for this injury. It makes it difficult for everyone with good claims to find a jury not poisoned against any claim. These types of claims do more harm than good

But on the other side are claims where people have catastrophic injuries and will be claiming millions of dollars in damages. They deserve to have a jury that is not prejudiced against them. They deserve a fair verdict with adequate compensation.

And remember that may be you.

Here is what the NIH says about brain damage.


What is Traumatic Brain Injury?

Traumatic brain injury (TBI), also called acquired brain injury or simply head injury, occurs when a sudden trauma causes damage to the brain. TBI can result when the head suddenly and violently hits an object, or when an object pierces the skull and enters brain tissue.  Symptoms of a TBI can be mild, moderate, or severe, depending on the extent of the damage to the brain.   A person with a mild TBI may remain conscious or may experience a loss of consciousness for a few seconds or minutes. Other symptoms of mild TBI include headache, confusion, lightheadedness, dizziness, blurred vision or tired eyes, ringing in the ears, bad taste in the mouth, fatigue or lethargy, a change in sleep patterns, behavioral or mood changes, and trouble with memory, concentration, attention, or thinking.  A person with a moderate or severe TBI may show these same symptoms, but may also have a headache that gets worse or does not go away, repeated vomiting or nausea, convulsions or seizures, an inability to awaken from sleep, dilation of one or both pupils of the eyes, slurred speech, weakness or numbness in the extremities, loss of coordination, and increased confusion, restlessness, or agitation.


Is there any treatment?

Anyone with signs of moderate or severe TBI should receive medical attention as soon as possible. Because little can be done to reverse the initial brain damage caused by trauma, medical personnel try to stabilize an individual with TBI and focus on preventing further injury. Primary concerns include insuring proper oxygen supply to the brain and the rest of the body, maintaining adequate blood flow, and controlling blood pressure. Imaging tests help in determining the diagnosis and prognosis of a TBI patient. Patients with mild to moderate injuries may receive skull and neck X-rays to check for bone fractures or spinal instability. For moderate to severe cases, the imaging test is a computed tomography (CT) scan. Moderately to severely injured patients receive rehabilitation that involves individually tailored treatment programs in the areas of physical therapy, occupational therapy, speech/language therapy, physiatry (physical medicine), psychology/psychiatry, and social support.


What is the prognosis?

Approximately half of severely head-injured patients will need surgery to remove or repair hematomas (ruptured blood vessels) or contusions (bruised brain tissue). Disabilities resulting from a TBI depend upon the severity of the injury, the location of the injury, and the age and general health of the individual. Some common disabilities include problems with cognition (thinking, memory, and reasoning), sensory processing (sight, hearing, touch, taste, and smell), communication (expression and understanding), and behavior or mental health (depression, anxiety, personality changes, aggression, acting out, and social inappropriateness). More serious head injuries may result in stupor, an unresponsive state, but one in which an individual can be aroused briefly by a strong stimulus, such as sharp pain; coma, a state in which an individual is totally unconscious, unresponsive, unaware, and unarousable; vegetative state, in which an individual is unconscious and unaware of his or her surroundings, but continues to have a sleep-wake cycle and periods of alertness; and a persistent vegetative state (PVS), in which an individual stays in a vegetative state for more than a month.

 Okay, now imagine you have brain damage or your child at twelve years of age has brain damage from a car accident and tort reform has taken away your right to sue or to sue to recover your damages. Is that fair? We all have to remember the Golden Rule: Do unto others as you would have them do unto you. Those who aren't billionaires can't afford tort reform.

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Welcome to the Lombardi Law Firm website. Being prepared isn’t the same as being able to litigate a lawsuit. Don’t be foolish, be prepared and seek good legal advice from a seasoned personal injury lawyer. Know your rights, protect yourself and be alert to risks that can cause injury or death. Visit the Help Center at the InjuryBoard or here at the Lombardi Law Firm’s website. Steve Lombardi writes for each and explores the how's and why’s people are injured. He also provides commentary and insight on his blog at The Verdict and on the Des Moines Register. We try to make our website an interesting source of information for all people who seek information concerning injury or death. We attempt to provide information that makes you more aware of how to avoid injury and death.  We are here to assist you to stay safe. Call us if you have legal or safety questions. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety that readers bring to our attention about the workplace and on the highway. Good luck on the road and job site and be safe. sdlombardi@aol.com

If you or your spouse is involved in any kind of accident contact the Lombardi Law Firm. We will assist you with your claim. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses from many types of accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay call him today. Attorney Lombardi writes for blogs at The Verdict on Lombardi Law Firm, the Des Moines market of InjuryBoard.com and on occasion on the Des Moines Register web site. Steve Lombardi is a personal injury lawyer, husband, father and grandfather who pride’s himself on doing more than just practicing law. Join us in making the world a safer place.

Know your rights, act proactively and protect yourself.

 

 

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