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Why "Tort Reform" Protects Insurance Companies, Not People

  • Writer: Guenin Law
    Guenin Law
  • 3 days ago
  • 2 min read
Corporate Buildings

When politicians and lobbyists talk about "tort reform," they make it sound like a good thing — a way to stop “frivolous lawsuits” and “runaway juries.” But the truth is, tort reform isn’t about protecting everyday people. It’s about protecting insurance companies and large corporations from being held accountable when they cause real harm.

Here’s what you need to know.


Tort Reform Hurts Victims

At its core, tort reform limits the amount of money that injured people can recover when they are hurt or wronged — no matter how serious the harm. In Indiana and across the country, laws like caps on damages (especially for pain and suffering or punitive damages) prevent juries from fully compensating victims for their losses.


Imagine losing the ability to walk because of someone else’s negligence — and then being told that the most your pain is "worth" is a fixed number picked by lawmakers, not the people who actually hear your story. That’s what tort reform does. It devalues human suffering.


Tort Reform Shields Insurance Companies

Insurance companies love tort reform because it allows them to pay less in claims. Make no mistake: insurance companies exist to make money, not to pay fair compensation. Tort reform gives them powerful tools to deny, delay, and underpay legitimate claims — while still charging the same high premiums.


The real “problem” for insurers isn’t so-called frivolous lawsuits. It’s that they might have to actually pay fair compensation when their insureds cause harm. Tort reform rigs the system in their favor.


Tort Reform Undermines the Jury System

In Indiana and throughout the United States, the right to a jury trial is enshrined in both the U.S. Constitution and the Indiana Constitution. Tort reform takes power away from local juries — the people who are supposed to listen to the facts and decide what’s fair — and hands it to politicians and lobbyists (who know nothing about the facts of your loved one’s case) and allows them to place arbitrary limits.


When juries, made up of everyday citizens, decide that a company should be held responsible, tort reform swoops in and says, “No, your decision doesn’t matter. We’ve already decided how much this case is worth.”

That’s not justice. That’s corporate protectionism.


The Bottom Line

Tort reform doesn’t prevent lawsuits — it prevents justice. It doesn’t lower insurance costs — it boosts corporate profits. And it doesn’t protect people — it protects powerful industries from being held accountable.


If we care about fairness, responsibility, and protecting the rights of real people — our neighbors, friends, and families — we must oppose laws that put corporate profits ahead of public safety.

At Guenin Law Office, we fight every day to make sure injured people get the full justice they deserve — not a watered-down version written by insurance lobbyists.


If you have questions about your rights or need help after an injury, contact us. We’re here to stand up for you.


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