There is an article in the Detroit Free Press by Jim Marcinkowski titled “Tort Reform Made Simple” that does a good job of breaking down the workings of the legal system and what it is that tort reform seeks to do.
Marcinkowski explains the concept of tort law and the reform movement as follows: 1. Accident happens; 2. Injury does not go away; 3. The injury costs money (medical, lost wage, etc.); 4. Compensation – either the responsible party pays or the government pays; 5. Tort reform seeks to lower the costs of doing business by shifting the burden of these costs on to the public. He summarizes the analysis by making the statement, “Tort reform is.. just another mechanism to increase private profit by socializing any cost or loss.”
Marcinkowski goes on to examine certain tort reform myths. The article is well thought out and certainly worth a read.