What changes in federal “personal injury” law could result from Donald Trump’s surprise victory combined with a Republican-controlled Congress

Almost three weeks have passed since Donald Trump surprisingly won enough electoral college votes to become the President-elect. In addition, the Republicans were able to keep control over both the United States House of Representatives and the U.S. Senate. As a result, a number of our clients, perspective clients and business partners have asked us what the effects could be on potential personal injury and malpractice victims in the future here in Palm Beach County and the Treasure Coast.


First of all, it is important to keep in mind that the majority of personal injury cases are governed by either local or state law, including automobile accidents, motorcycle accidents, boating accidents, slip and fall cases (under state premises law) and most malpractice cases. So much of what we have experienced in cases here in south Florida over the last 5 to 10 years will remain largely the same.


The potential change that we will watch for is in regards to “Tort Reform”. Many Republicans have stated over the last decade or so that they would push for federal Tort Reform, thereby restricting the rights of injured parties. In fact, a Tort Reform bill known as The Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016 passed the U.S. House of Representatives earlier this year before it got gridlocked in the Senate.


With Republican President Donald Trump combined with a Republican-controlled Congress and Trump’s ability to appoint at least one “conservative” judge to the Supreme Court thereby giving the Judiciary Branch a conservative majority as well, it could well present a perfect storm leading to Tort Reform with monetary damage caps and other laws and decisions that will hurt the injured.


We believe that all Americans need to keep a close watch on what bills get proposed over the next 2 years in Congress – and be willing to voice your opinion if there is a bill that goes against the protection of the rights of your fellow Americans when they have been wrongfully injured or killed.


At Slinkman, Slinkman, & Wynne, P.A. we realize that the combination of a Republican President and Republican-controlled Congress could have a negative effect on the rights of injured people. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it. If you want to learn more about how we can help you in a situation where you or someone you love has been in an accident or the victim of malpractice, then go to this page on our website: http://sswlawfl.com/areas-of-practice/accidents-serious-injury/.


We specialize in Wrongful Death and Serious Injury, Automobile Accidents, Motorcycle Accidents, Boating Accidents, Medical Malpractice, Slip and Fall, Defective Products, and many other types of legal situations where injury or death has occurred. Whether you are in Palm Beach Gardens, Jupiter, Stuart, West Palm Beach or any other city in the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will get you the financial results you deserve, while also working with you throughout your case until some type of resolution has been reached.


With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne. Contact us directly at (561) 686-3400, or via email at info@sswlawfl.com.


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