controversy around tort reform has turned into a two-sided debate between citizens and corporates. With the examination of various cases in recent years, it is clear that the effects of tort reform have proven to be negative for both sides. This issue continues to exist today, as public relations and legislature show a clear difference in opinion. In the event that tort reform occurs, victims and plaintiffs will be prevented from being fully replenished from the harm and negativity that they suffered, making this process of the civil justice system unfair.

In the justice system, there are two forms of law: criminal law, and civil law. The most well known form of law is probably criminal law. Criminal law is where the government (prosecutor) fights a defendant regarding a crime that may or may not have been committed. Contrary to this, civil law has a plaintiff and a defendant who fight over a tort. As stated in the dictionary, a tort is “a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability”. In hindsence, a tort correlates to that of a crime in a criminal case.

Tort reform refers to the passing legislature or when a court issues a ruling that limits in some way the rights of an injured person to seek compensation from the person who caused the accident (“The Problems…Reform”). Tort reform also includes subtopics such as public relations campaign, caps on damages, judicial elections, and mandatory arbitration. Lawmakers across the United States have been heavily involved with tort reform since the 1950s, and it has only grown in popularity since then. Ex-president George W. Bush urged Congress to make reform in 2005 and brought tort reform to the table like no other president.

The damages that are often referred to in civil lawsuits are economic damages and non-economic damages. An economic damage is any cost that is a result of the defendant’s actions. For example, medical bills or money to repair things. Non-economic damages refer to emotional stress, post-traumatic stress disorder, and other impacts not related to money. A cap on damages “limits the amount of non-economic damage compensation that can be awarded to a plaintiff” (US Legal Inc).