Saturday, November 19, 2011

America's Tort System Symbolizes America's Destruction-(A Harsha Sankar Article)

Dear Citizen, February 1995

Our present Tort system, to put it simply, is a major factor in destroying America’s ability to compete as well as in reducing the standard of living for the working person. Our present Tort System contributes heavily in certain areas. It artificially inflates the prices of goods and services, therefore making it unaffordable to many. It boosts insurance premiums substantially, which has contributed to the health-care crisis America suffers from.It prevents many beneficial goods and services from being offered to the general public simply because its provision incurs too much liability in being exposed to frivolous and costly lawsuits. (The small aircraft industry has been nearly eliminated because of liability suits.) It also decreases the incentive for companies to be creative and do long- term research on possible inventions and life–saving cures because it is no longer economical.

Moreover,it soaks large and small businesses in excess of $300 billion a year,therefore not only making the creators of jobs less viable, but also decreasing the amount of money they pay its workers as well as decreasing the number of jobs they create.(California has lost 650,000 jobs due solely to wrongful termination suits.)Our Tort System punishes shareholders and investors because the valuable money they have placed at risk yields a significantly lower return because of it.

People are encouraged to file frivolous suits in order to receive enormous amounts of compensation because of our Tort System. At the same time, it has prevented many people from receiving fair compensation. While this system is extremely lucrative to lawyers, (attorneys pocket one-third of the money awarded to victims in a lawsuit. In asbestos and other related suits, attorneys pocket two-thirds of the money awarded. Accident attorneys alone net $ 10 billion dollars annually) it is extremely hard to keep any company in existence (lawsuit abuse costs every person who never even has had contact with a attorney $510 a year).

It is extremely unjust that any person who creates wealth, is productive, and works for a living is blackmailed by our government to allow this extortion to take place. It is also unfair that when an accident or faulty action takes place, millions of people who had nothing to do with the incident are penalized just to subsidize the fortunes of lawyers who represent the victims. By making everybody pay in economic terms, rather than punishing the people through the criminal process who are directly responsible for the major infractions, encourages irresponsibility. A corporation has no soul to be damned and no conscience to be repentant. A little jail time for the people culpable of the crime will do much to establish an effective deterrent.

Reform of the Tort System will never take place as long as there is honoraria and private financing of campaigns of candidates to public office. The American Trial Lawyer Association donated $204 million in the 1992 election cycle. Their influence is so far-ranging in congress that all comprehensive legal reform bills were never allowed to come to vote. ATLA (along with other special interest groups) is a major reason why 58 of American senators and almost half of the House Members on the federal level are lawyers. Special interests have filled state and local legislatures with attorneys.It is time for American citizens to force the government that represents them to enact measures necessary to reform our Tort System.


Very Truly Yours,
Harsha Sankar
Covington,Virginia 24426

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