TORT VERSUS NO-FAULT: COMPENSATION AND INJURY PREVENTION

The tort system, as a means of compensating the victims of injury, no longer fulfills the purpose for which it was intended. The attempt to achieve a fair and rational method of compensation, especially in the areas of medical malpractice and products liability, has been displaced by a form of litigation lottery which permits attorney's fees to divert great amounts of money from victims in need. A reform of this system is much in need and long overdue. Following a discussion of these and other problems with the tort system, this paper will present a method for ensuring the prompt settlement of most personal injury claims through payment of the victim's net economic losses. The parallels to no-fault auto insurance and workers' compensation are examined and attention is given to the likely impact of this proposal on the conduct of potential injurers and victims.

  • Availability:
  • Corporate Authors:

    Pergamon Press, Incorporated

    Headington Hill Hall
    Oxford OX30BW,    
  • Authors:
    • O'CONNELL, J
  • Publication Date: 1987-2

Media Info

Subject/Index Terms

Filing Info

  • Accession Number: 00491808
  • Record Type: Publication
  • Source Agency: National Highway Traffic Safety Administration
  • Report/Paper Numbers: HS-040 007
  • Files: HSL, TRIS, USDOT
  • Created Date: Mar 31 1990 12:00AM