Imagine: A World without North Carolina Class Action Lawsuits

May 17, 2013, by Michael A. DeMayo

If the extreme faction of the tort reform movement had its way, perhaps North Carolina mass torts and class actions wouldn’t exist at all.

If you got hurt–or someone in your family got seriously injured or sickened–by a bad product, broken medical device, or improperly measured pharmaceutical, you still likely have reservations about class actions and other types of legal actions.

Most people have been trained to be wary of lawyers and litigators–to see injury firms as a kind of “necessary evil.” Arguments and statistics that so called tort reformists use to impugn the personal injury law industry generally don’t hold up to close scrutiny. In fact, The New York Times, Los Angeles Times, and other journals of record have documented at great length the many false beliefs that the vast majority of the population has about personal injury litigation.

In summary: concerns that injury lawsuits are bankrupting the healthcare system or driving insurance companies to increase their rates are just not founded in fact.

Of course, given that this is a blog run by a North Carolina class action law firm–our reportage is obviously not without its biases. If you are concerned about the ethicality of filing a personal injury lawsuit, take some time and read articulate, well-sourced arguments by both sides.

Let the facts speak for themselves.

Meanwhile, getting back to our thought experiment–imagine if the tort reformers succeeded, and class actions in North Carolina and beyond no longer existed. How, then, would consumers redress serious wrong doings? How would hurt people pay their medical bills and other costs if they couldn’t effectively recoup those costs from a drug company or insurer or other liable party? If they got no money, they would need to fall back on the public safety net–ultimately, the taxpayers would need to foot the bill.

Taking a broader perspective, what would happen if drug companies and other businesses discovered that they could “get away with” providing poor quality products or failing to warn consumers and caregivers about dangerous aspects of their products/services?

The general point is that, as an injury victim, you really need to educate yourself and leverage the full panoply of resources available to you. Call the DeMayo Law team today for insight and help into your case.


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