Shocking Election Outcome May Doom Personal Injury and Malpractice Claims?

With the election of Donald J. Trump to the presidency and the continuation of Republican control of the U.S. House and Senate, will the rights of personal injury and malpractice victims suffer? The short answer is inevitably.

While generally car accident and malpractice cases are governed by local and state laws, Republicans have long prioritized "Tort Reform" which means national efforts to restrict the rights of the injured will be revived. With a Democrat in the White House any plans to create a national cap or limitation on the extent of damages that can be awarded to catastrophically injured victims of car crashes and negliegent medical treatment always were subject to veto and thus never took off the ground.

Sadly those days will soon be passed. Even in a progressive state such as Maryland, the insurance industry has wielded considerable influence. Maryland is one of a handful of states to retain the antiquated doctrine of contributory negligence and also to feature a non-economic damages cap in all cases and most particularly medical malpractice cases.

Donald Trump has championed the appointment of "conservative" judges going forward and that will intersect with an enthusiastic tort reform congress to provide a scary landscape for those with ill fortune to be involved in major car or truck accident or to be a victim of medical negliegence.

The tragedy is that major accidents and bad doctors do not discriminate in who the victims are. Republicans, Democrats and victims of  every political denomination will soon find out the hard way.

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