Tort Reform or
Tort Deform?

What Is "Tort Reform"?

"Tort reform" is a political movement — primarily backed by the insurance industry, large corporations, and their lobbyists — that seeks to limit the rights of injured victims to obtain full and fair compensation through the civil justice system.

Proponents call it "reform." Many who represent injured people — including Attorney William Lawson — call it "tort deform": a systematic dismantling of the constitutional right to trial by jury and the right of injured victims to be fully compensated for their losses.

The Real Agenda Behind Tort Reform

The tort reform movement's primary beneficiaries are:

• Insurance companies seeking to reduce claims payouts and increase profits
• Large corporations seeking to limit accountability for defective products and negligent conduct
• Medical providers seeking to limit exposure for malpractice

These interests have spent hundreds of millions of dollars on lobbying and public relations campaigns to convince the public that lawsuit "abuse" is causing runaway jury verdicts — a claim that the data does not support. In reality, the vast majority of personal injury cases are resolved without trial, and jury verdicts are subject to multiple levels of judicial review.

Common Tort Reform Proposals and Their Impact on Victims

Caps on Non-Economic Damages

Many tort reform proposals seek to cap "non-economic" damages — compensation for pain and suffering, loss of enjoyment of life, and emotional distress. These caps fall hardest on the most seriously injured victims, the elderly, housewives, children, those who cannot demonstrate large lost wage claims. A cap on pain and suffering does not reduce the actual pain suffered — it simply transfers the cost from the responsible party to the victim.

Limits on Punitive Damages

Punitive damages serve an important deterrence function — they punish conduct so outrageous or reckless that ordinary compensatory damages are insufficient. Caps on punitive damages reduce the deterrent effect and allow corporations to conduct themselves in dangerous and even reckless ways and treat verdicts with capped damages simply as a "cost of doing business."

"Loser Pays" Rules

Proposals to require losing plaintiffs to pay defendants' attorneys' fees would have a chilling effect on legitimate claims, particularly for injured people of modest means who cannot afford to risk financial ruin by bringing a lawsuit.

Statutes of Limitation

Shortened deadlines for bringing claims can bar legitimate cases before the injured person is even aware of all of their injuries or the total extent of the causes of those injuries.

Hawaii's Civil Justice System

Hawaii's constitution guarantees the right to trial by jury. The civil justice system provides the only mechanism by which ordinary individuals can hold powerful corporations and insurance companies accountable. Attorney William Lawson is committed to defending this system and to fighting for the full rights of injured victims under Hawaii law.