This is a winning issue for Republicans. The public is on your side - well over 70% of the American public want lawsuit abuse reform. But unless you get the tone right, that won't matter - you will lose the argument. The key is communicating it.
Especially in the wake of September 11, the public has less tolerance than ever for anyone perceived to be taking advantage of other Americans. Out-of-control lawsuit abuse can seem like an illogical Alice in Wonderland creation in light of the shift in priorities that has taken place since the war on terror began. Adherence to these ten principles will help you communicate your effort to restore sanity to the legal system:
Tone and context is everything. If you don't get the tone and the context right, nothing else matters. Yes, there is a strong desire for lawsuit abuse reform, BUT there is a right way and a wrong way to speak to that desire. Get it wrong, and you will undermine your credibility - not the personal injury lawyers. Americans are opposed to the abuse of the system, not to every lawyer out there.
Talk about the specifics - spell out the problems caused by lawsuit abuse... You have to address the specific problems that America's out-of-control legal system is creating. It is essential to take Americans with you each step of the argument. So relate lawsuit abuse to the real life problems it is causing.
Personalize, Personalize, Personalize. It is a communications mistake to talk about the effects of lawsuit abuse on the economy as a whole or any other big abstraction. You must talk about the consequences for ordinary Americans - how it impacts everyone from pregnant mothers to America's hardworking employees.
Don't overstate the impact of lawsuit abuse. Americans believe that lawsuit abuse is a serious problem, but they don't buy arguments that lawsuit abuse is the sole cause of rising healthcare costs, doctor flight or outsourcing. You can say lawsuit abuse contributes to these problems, but you can't say it's causing them.
Third party endorsements matter. Let me blunt. The B.S. meter of the average American voter is high. People want to know that respected authorities agree with you.
It is important to people that the American Medical Association has designated their state a 'state in crisis' because of the shortage of doctors.
Individuals who have been wrongly injured deserve their day in court. Americans believe that everyone has a right to their day in court. They agree that we need to make our courts more accessible to real victims and less accessible to unfounded lawsuits. And they agree that it should not take years to bring legitimate cases to trial because the system is jammed with frivolous lawsuits.
It is essential that Americans can access healthcare when and where they need it. Runaway lawsuits are forcing doctors, including many OBGYNs, out of the profession and forcing many more to practice defensive medicine, blocking access to healthcare for all Americans and risking lives in emergency situations.
There must be a common sense cap on punitive damage awards. Someone who buys hot coffee at a drive-thru and then spills it on herself is not entitled to a $2-million settlement. An employee who finds an employer's language offensive is not entitled to tens of millions of dollars because of "pain and suffering." Americans believe it's time to restore common sense to financial rewards.
It's time to return to responsibility as the core principle of our legal system. Damages should be awarded according to who is at fault rather than who has the deepest pockets. Those who are primarily responsible for damages should pay promptly, but it's time to stop targeting people and businesses just because they are financially successful.
Lawsuits should not be "strike it rich" schemes for lawyers — and losers should pay the costs of frivolous lawsuits. There must be reasonable limits to what lawyers can take from their clients. Otherwise, lawyers get the lion's share of the settlement and the victims end up with scraps. Judges should discourage lawsuit abuse by holding lawyers who file frivolous lawsuits accountable for their actions.
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