THE TORT SYSTEM, AS A MEANS OF COMPENSATING THE VICTIMS OF INJURY, NO LONGER FULFILLS THE PURPOSE FOR WHICH IT WAS INTENDED. THE ATTEMPT TO ACHIEVE A FAIR AND RATIONAL METHOD OF COMPENSATION, ESPECIALLY IN THE AREAS OF MEDICAL MALPRACTICE AND PRODUCTS LIABILITY, HAS BEEN DISPLACED BY A FORM OF LITIGATION LOTTERY WHICH PERMITS ATTORNEY'S FEES TO DIVERT GREAT AMOUNTS OF MONEY FROM VICTIMS IN NEED. A REFORM OF THIS SYSTEM IS MUCH IN NEED AND LONG OVERDUE. FOLLOWING A DISCUSSION OF THESE AND OTHER PROBLEMS WITH THE TORT SYSTEM, THIS PAPER WILL PRESENT A METHOD FOR ENSURING THE PROMPT SETTLEMENT OF MOST PERSONAL INJURY CLAIMS THROUGH PAYMENT OF THE VICTIM'S NET ECONOMIC LOSSES. THE PARALLELS TO NO-FAULT AUTO INSURANCE AND WORKERS' COMPENSATION ARE EXAMINED AND ATTENTION IS GIVEN TO THE LIKELY IMPACT OF THIS PROPOSAL ON THE CONDUCT OF POTENTIAL INJURERS AND VICTIMS.(Author/publisher).
Samenvatting