Options for Reforming the Tort System as a Whole

Changes that would maintain the basic structure of the tort system can take many forms. The options discussed here focus on nonpecuniary damages, attorneys’ fees, jointand-several liability, and payments from “collateral sources,” such as victims’ insurance policies. (Those options are summarized in Table 3.) All of the policy changes could be applied to the broad universe of tort claims or, alternatively, to one or more subsets of particular concern.

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Last reviewed October 2024