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TO: U.S. Elected Official

I am writing to you to express my concern about the unfairness of one of the effects of "tort reform" in the State of Colorado. In most states, each party to a tort lawsuit is responsible for paying its own attorneys' fees and court costs regardless of the outcome of the trial. This is referred to as the "American Rule". This allows each party to adequately prepare the best case possible within the constraints of its own budget. The plaintiffs' bar regularly provides counsel on a contingent fee basis. Under this system, victims of tortious acts are not intimidated into "settling cheap" or forgoing their legitimate claims altogether.

This is unfortunately NOT the case in Colorado. Colorado law currently intimidates every tort victim into "electing" to limit the value of his case to $50,000. This may be adequate in some cases, but it is a paltry sum for many whose injuries and resulting damages are substantial. The intimidation is found in the consequences of not "voluntarily" electing the $50,000 limit. If a victim chooses to proceed without the limit, then the victim risks paying the tortfeasor's attorneys fees and costs if the victim loses the case.

The possibility of losing even the most compelling case is very real due to the unpredictability of the jury system and tactics (some grossly unfair and misleading) employed by the insurance defense bar.

Tort victims in Colorado are being scared into filing their cases for less than they deserve despite having sustained substantial injuries, including permanent disabilities, because of the fear of even the smallest possibility that they may have to pay the defense costs incurred by deep pocket insurance companies that have refused to settle claims fairly.

This is an unfortunate example of tort reform that has gone too far. It is an unfortunately reality that many cases are won based on which party can outspend the other. The judicial scales are not even when an injured party is fearful to pursue legitimate claims because of the dire consequences of being outspent on witnesses and other courtroom tactics that the plaintiff is not able to provide him/herself. Under this system, due process and a fair trial is not being provided to the plaintiff because of economic imbalance.

As a taxpayer I am urging you to change this law, as it is important to me and many of your constituents. Please acknowledge this message and let me know your position on this matter.

My personal message to you is:

Sincerely,

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