The term “tort reform” refers to limitations or caps on damages in personal injury cases, most notably on general damage awards (in the discretion of the judge or jury based upon the evidence at trial) for subjective items like present, past and future pain and suffering, loss of enjoyment of life, embarrassment, humiliation, and disability. Historically, the law allowed judges and juries to apply their collective wisdom in awarding amounts that they deemed appropriate and adequate for such damages based upon the facts of a given case, in the event of an award in favor of the injured party. Generally speaking, insurance companies and big business have been backing legislation to limit awards and take discretion away from the judge or jury in larger cases, such as the brain or spinal injury cases handled by Avery Law Firm.

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