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Torts Commons

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Tort reform

Selected Works

2008

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Full-Text Articles in Torts

A Recipe For Balanced Tort Reform: Early Offers With Swift Settlements, Christopher Robinette, Jeffrey O’Connell Dec 2007

A Recipe For Balanced Tort Reform: Early Offers With Swift Settlements, Christopher Robinette, Jeffrey O’Connell

Christopher J Robinette

This book begins with detailed and evocative accounts of the workings of several actual personal injury cases with all their turbulence and tribulations. It then closely analyzes the (one-sided) tort reforms, both proposed and enacted, that leave too much of the present dysfunctional system intact, while even further undermining it. The authors provide a detailed account of a proposed reform: a device for encouraging defendants’ “Early Offers” of claimants’ economic losses designed to benefit both sides as well as society generally. This system, while greatly lessening the daunting uncertainty and delay plaguing personal injury claims today, would also make far …