To learn more the basics about torts, read this recent blog: What is a “tort?”

Tort reform is when there changes in the current tort laws and the changes are aimed at reducing the number of cases that are brought for tort claims or damages.  Moreover, tort reform laws vary by state.  About three years ago the state of Oklahoma passed a tort reform law which was aimed at reducing the number of tort claims and damages that were brought in the state of Oklahoma. However, the tort reform law was recently struck down by the highest court in Oklahoma as reported by Thomson Reuters News and Insight in a June 6, 2013 article.

The tort reform law “required Plaintiffs to submit expert affidavits with petitions in certain negligence cases and capped non-economic damages.”  The capping of non-economic damages was aimed at preventing frivolous claims or damage. Furthermore, the law specified who can testify or not testify in certain tort cases. The highest court highest court struck down the tort reform law because it did not solely refer or address tort reform as there were other topics or areas addressed which have no connection to tort reform.  The tort reform law was so wide-ranging and it favored the party that is being sued rather than the party bringing the claim or seeking damages. In addition, it is expensive for the injured party to acquire expert affidavits.  For instance there was a wrongful death case brought against a rehabilitative center and the court granted the rehabilitative center request for dismissal as the injured party did not provide expert affidavits.

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