Cry for Help, Real Legal Reform.
We must ask this question of every politician. If they are not committed to real judicial reform, then they do not understand the real problems facing West Virginians and the companies that employ us. Justice for all? Not in West Virginia, for here lays a lawyer's paradise. Where you can sue anyone, for anything and somebody is going to pay. Chances are it will come from a mandated insurance carrier who will get all of their money from the people in the way of premiums.
It really is that simple. When taxes are raised, the people pay. When insurance premiums rise, it is the rate payers, the people, who pay for it. Who wins? The lawyers and the few people who win lawsuits and are awarded the preverbal judicial lottery. If you are truly wronged by a negligent party, then you certainly are entitled to receive fair compensation. But never should any entity pay for the negligence of others. That is were joint and several liability is wrong and unfair. We the people just want fairness.
Think about how you would feel if you were sitting still in a traffic jam. Then you are rear ended by a driver who has no insurance. The collision knocks you into the path of an on coming car. The on coming driver, as the victim, sues you and the guy who knocked you into the path of the on coming car. The jury awards the victim $1 million dollars. Now, the uninsured or even an under insured driver has nothing, no insurance and no assets and you are insured with $300,000 of maximum coverage. In this case, you and your insurance company would be responsible for the $300,000 that reaches your policy limits. Then the victim can collect the rest from you. If you have a house, they can take it, stock and bonds, investment property, most any assets you have can be attached. Is that fair? No, but it will never change until the people of West Virginia stand up to the trail lawyers.
You see the real injustice here is that, no lawyer will take this case to trial unless someone has insurance. They don’t care who has insurance, even if you are completely innocent of any wrong doing. Just happened to be in the wrong place at the wrong time and you will pay. Otherwise the lawyers could not earn their contingency fees. They claim the driver is entitled to something, and that may be true, but the system in this case has it created yet another victim. The person who is forced to pay for an accident he did not create. That is not fair to him either.
We the people need to stand up and let our legislators know that we want the legal system fixed. What will result are more jobs, lower insurance premiums and fewer lawyers. Don’t you think we have enough laws, why do we keep making new ones?
It really is that simple. When taxes are raised, the people pay. When insurance premiums rise, it is the rate payers, the people, who pay for it. Who wins? The lawyers and the few people who win lawsuits and are awarded the preverbal judicial lottery. If you are truly wronged by a negligent party, then you certainly are entitled to receive fair compensation. But never should any entity pay for the negligence of others. That is were joint and several liability is wrong and unfair. We the people just want fairness.
Think about how you would feel if you were sitting still in a traffic jam. Then you are rear ended by a driver who has no insurance. The collision knocks you into the path of an on coming car. The on coming driver, as the victim, sues you and the guy who knocked you into the path of the on coming car. The jury awards the victim $1 million dollars. Now, the uninsured or even an under insured driver has nothing, no insurance and no assets and you are insured with $300,000 of maximum coverage. In this case, you and your insurance company would be responsible for the $300,000 that reaches your policy limits. Then the victim can collect the rest from you. If you have a house, they can take it, stock and bonds, investment property, most any assets you have can be attached. Is that fair? No, but it will never change until the people of West Virginia stand up to the trail lawyers.
You see the real injustice here is that, no lawyer will take this case to trial unless someone has insurance. They don’t care who has insurance, even if you are completely innocent of any wrong doing. Just happened to be in the wrong place at the wrong time and you will pay. Otherwise the lawyers could not earn their contingency fees. They claim the driver is entitled to something, and that may be true, but the system in this case has it created yet another victim. The person who is forced to pay for an accident he did not create. That is not fair to him either.
We the people need to stand up and let our legislators know that we want the legal system fixed. What will result are more jobs, lower insurance premiums and fewer lawyers. Don’t you think we have enough laws, why do we keep making new ones?
posted by Laymansview | 3:23 PM
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