While the name “tort reform” sounds like it balances interests, tort reform aims to create a statutory limit on the amount that can be recovered by injured victims, regardless of the damages the injured person can prove and the jury finds appropriate.
For victims who decide to have their case filed, it may not be necessary to wait for the trial court to award compensation. Often, attorneys will realize after some information is gathered in the “discovery” phase that the parties can agree on the fair amount of compensation for the case. At that point, the parties can discuss the fair amount for the claim and resolve the case without going forward with a trial.
While you can recover lost wages from an at-fault party when you settle or win your case in court, this amount is not guaranteed and the at-fault party will not pay anything toward your lost wages until either judgment is issued or settlement is reached. The amount of the lost wages will be included in the total of either settlement or judgment.