Blog / In the Community

Tort Reform

There is an assault upon personal responsibility and accountability occurring in our State Legislature all in the name of purportedly making West Virginia more business friendly. I am not here to debate the merits of any particular “tort reform” proposal. My colleagues are doing an excellent job in exposing the fallacies of the positions being espoused by the tort reformists who have declared a mandate was set forth in the past election to change the West Virginia legal system. I am here to say to those in our State Legislature that if you believe that West Virginians have abandoned their value system in favor of the corporate welfare legislation being pushed through the halls of our State Capitol Complex, you are mistaken. I spent enough years in Charleston, including in the Capitol Complex to know that it’s all about how you frame the message. The smoke and mirrors will soon disappear and you will not be able to credibly reconcile your positions to the ordinary West Virginian who values personal responsibility and taking care of the innocent and infirm beyond all else. A few examples of the inconsistencies in tort reformers’ positions: Social Welfare – Those pushing “tort reform” such as damage caps, limitations on liability for deliberately injuring workers and “comparative fault” legislation are also advocating reduction in social benefit programs, such as food-stamps, welfare, assisted living, and Medicaid. The question that the tort reformers need to answer is who is going to pay the bill when the sole breadwinner of a family is injured or killed by a company which puts profits over safety or an individual who drives intoxicated, but is subject to only nominal liability due to damage caps or statutory immunities created to “create jobs.” These businesses can and do factor in the potential liability as a cost of doing business without regard for the impact their conduct has on the lives of the innocent victim and his family. The wrong-doer will get to go on with life as if nothing happened. The innocent victim, however, is left with no recourse. Injured and unable to work, the victim has no income to pay medical expenses necessary for treatment of the injury, no income to provide housing and food to survive and has lost the benefit of the insurance he paid for to protect himself and his family because, oh, by the way, if the “tort reformers” get their way, the wrongdoer gets a set off for anything covered by the victim’s own insurance as well. He and his family will likely end up dependent upon social welfare programs to survive. But wait, the tort reformers want to eliminate those as well. Now the innocent victim and his dependents are left to depend on family, friends and charitable and religious organizations to survive while the wrong-doer goes about their business as if nothing happened. Punish the criminal – The tort reformists often present themselves as hard on crime. The Bible says you must pay for your sins they say. However, they are not picking and choosing who is punished for their sins and who is protected. Crime must be deterred by increasing jail-time for individuals who commit a crime according to the tort reformists. But when a business commits a crime or intentionally injures someone, it should be immune from punishment in the name of making our State “business friendly”. How can those two positions be reconciled? Protect the innocent and those who cannot protect themselves. Tort reformists also often invoke the Bible to say you must protect the innocent life and those who cannot protect themselves. These are words to the tort reformists designed to evoke emotional responses. I would like for these tort reformists to spend some time answering the calls we take at Bordas & Bordas from people who have lost loved ones or been injured through the negligence of others. I want them to try to explain to someone whose own life or that of a close family member has been forever changed (or lost) due to the negligence of another that, in light of the damage caps in place, holding the wrong-doer responsible is just not economically or emotionally feasible due to the exorbitant litigation costs necessary to counter an aggressive defense. But wait, say the tort-reformers, the caps only apply to non-economic damages for things such as pain and suffering. You can still recover for economic damages such as lost wages or medical expenses. I would like for the tort reformers to have to explain this “reasoning” to the family of a 90-year-old nursing home resident who was given improper medication resulting in brain damage. The nursing home resident will have relatively little economic damages. However, when a similar medication error occurs with a 35-year-old coal-miner with a wife and three children, the economic damages are huge. Same error. Different result. One victim is elderly and infirm. The other victim is young and income generating. The first victim’s recoverable compensation is limited. The other victim is able to recover more than just the minimum allowed by the cap. So, are the tort reformers really protecting the innocent and infirm as they say the Bible instructs them to do? You decide. I was born and raised in Wheeling, West Virginia. I went to Catholic school my entire life. I remain a member of the Catholic Church. The sense of personal responsibility, accepting the full extent of the consequences of my actions and choices, good or bad, and the responsibility to protect those who cannot protect themselves was instilled in me from an early age and has been reinforced again and again throughout my life. My friends and neighbors have similar values. I left West Virginia for several years, but I came back. Many others I know have left and came back. We came back because we believe in personal responsibility and caring for others. We are the people the tort reformists say have been driven from West Virginia. What I have to say is we have not. We are here and the changes you are trying to make to our beloved State are not what we are about. If you want us to listen to you, be consistent with your positions.
Posted in:

Related Posts

Two kids out trick-or-treating at night

No Boo-Boos! Keeping Everyone Safe This Halloween

It’s October! The scary season! A month of haunts, costumes, and candy, all leading up to the most chillingly fun holiday of the year: Halloween! Whether you’re a parent of kids who will be trick-or-treating or a homeowner handing out treats to the goblins who ring your doorbell, Halloween is a wonderful example of a holiday that’s fun for the adults as well as the kids. We hate to dampen the mood, but you need to be aware that Halloween can be legitimately scary for parents—and not the good kind of scary. Research by the Journal of the American Medical Association found that the risk of pedestrian fatalities is 43 percent greater on Halloween night than any other night of the year. The only things that should be scary this month are the costumes and the haunted houses! That’s why Halloween safety, whether your kids are trick-or-treating in Wheeling, Moundsville, St. Clairsville, or anywhere else in the Ohio Valley and southwest Pennsylvania, is so important. Here are some tips for keeping kids safe on Halloween. Safe Trick-or-Treating Most trick-or-treating occurs during twilight (sunset in Wheeling on Oct. 31 is around 6:20 p.m.) or early darkness. Although it won’t matter as much when Halloween falls on a weekend, rush hour at this time puts more cars on the road. Even when parents are accompanying their kids trick-or-treating, crossing streets and walking along roads that don’t have sidewalks increases the risk of something tragic happening. But that shouldn’t stop your family from trick-or-treating. Here are some things you can do to keep you and your kids safe on Halloween (or whichever day your town is scheduling trick-or-treating): Give flashlights to your kids to carry as they cross streets or walk along roads. Don’t rely on the lights on smartphones to be visible—they aren’t designed to make you visible. Small handheld flashlights can be easily pointed and are more easily seen by drivers. (Plus, if you stand on the sidewalk while your kids go to a door to get candy, you can shine your flashlight in their faces to remind them to say “thank you” if they forget …) Be extra visible by adding reflective strips to your kids’ costumes and giving them glow sticks to wear around their necks or wrists. Cross at crosswalks instead of the middle of the block. It’s tempting for kids to run back and forth across the street to go to a house where they see lights on, but drivers might not be as vigilant for pedestrians away from the corners, especially if kids are darting out behind parked cars. Encourage your kids to take off masks when walking along roads. You don’t want to take away from their great costumes, but masks can limit peripheral vision, which isn’t good when walking next to traffic. They can always put the mask back on when they ring the doorbell to sufficiently impress homeowners! Similarly, be extra aware if your child’s costume restricts any movement, such as a dress on a princess (and every year, there are plenty of princesses!) or a cloak on a Grim Reaper. Even without traffic, tripping over a curb can hurt—and Halloween is not the night you want to go to the emergency room. Remind them to watch their step and not run. Hold your kids’ smartphones so they aren’t tempted to be checking them while walking along roads and crossing streets. This advice extends to parents: Keep your phone in your pocket, only taking it out when you’re away from traffic. Take plenty of pictures—just when it is safe to do so. Older kids might want to trick-or-treat on their own, which is understandable, because what middle schooler wants their parents with them on Halloween? Reinforce all the Halloween safety rules already mentioned, and add a few: Give them a curfew to be back home. The later Halloween gets, say after 8 p.m., the fewer commuters on the roads, replaced by less careful teenagers and college students. Provide a firm curfew, and even offer to let their friends come over and watch a scary movie instead of being on the streets. Hold them to the same Halloween smartphone rules you’re following yourself: Phones should be pocketed when they are near traffic. Tell them it’s OK if they don’t answer your call or text right away—they should do so only when it’s safe. This may seem like a no-brainer (zombie pun intended!), but remind them not to go into the home or backyard of anyone they don’t know. Also, tell them to always stay with their group of friends and don’t split up. Halloween Safety for Drivers and Homeowners Halloween safety is everyone’s responsibility—not just trick-or-treaters and their parents. No one wants kids to get hurt on Halloween, and you don’t want to deal with the consequences if someone is injured by your vehicle or on your property. Here are some tips that can help keep everyone safe on the spookiest night of the year. Driving If you are driving anywhere near trick-or-treaters, slow down, turn your headlights on (even before it gets fully dark), and be extra vigilant on side streets, pulling into driveways, and even at crosswalks. Never assume those kids won’t run into the street, even if they are with their parents. And if you don’t need to drive anyplace during peak trick-or-treating hours, stay home. Your Home You want the front of your home to be as inviting as it can be for trick-or-treaters, but you also want it to be safe. For example, an orange porch light may be wonderfully eerie, but it also can make it more difficult to see as you climb stairs. Go back to a white light for a couple hours, keep your porch clear of obstacles (e.g., pumpkins should be off to the side), and keep any electrical cords off the walkway where someone could trip over them. Also, if you have any mechanical decorations that deliver jump scares, make sure they aren’t scaring anyone standing on your steps. Your Dog Some dogs are mellow when the doorbell rings dozens of times a night, and some will go nuts. Protective or agitated dogs may try sneaking out of the front door and could bite or knock down trick-or-treaters—and you could be liable for injuries. You know your pup best, but err on the side of caution: Consider keeping your dog(s) away from your front door, maybe in another room or in a crate, while you are handing out candy to trick-or-treaters. Or, set up shop outside, on your porch or driveway, so that your doorbell isn’t being constantly rung. ******************************** From all of us at Bordas & Bordas, have a safe and truly boo-tiful Halloween!

What to Do After a Truck Accident in West Virginia, Ohio and Pennsylvania

What to Do After a Truck Accident in West Virginia, Ohio and Pennsylvania A recent trucking accident on I-70 near Wheeling caused serious injuries and brought traffic to a standstill. These kinds of accidents are all too common in West Virginia, Ohio, and Pennsylvania, especially on major highways like I-70 and I-79. If you’re involved in a crash with a commercial truck, knowing what to do next is critical for your health and your legal rights. Protecting Yourself Legally and Medically If you’re involved in a truck accident: Call 911 immediately. Document the scene (photos, notes, witness names). Seek medical attention—even if injuries seem minor. Commercial trucking accidents are far more complicated than regular car crashes. The trucking company, driver, and even cargo loaders may all play a role in what happened. That’s why it’s so important to protect yourself early. Truck crashes often involve federal trucking regulations in addition to local laws. The Federal Motor Carrier Safety Administration (FMCSA) requires drivers to operate with “extreme caution” in hazardous conditions, a regulation often cited in legal cases. Don’t Navigate This Alone Trucking companies have their lawyers working to limit what they pay. Victims need someone in their corner who understands both state and federal laws across the tri-state region. An experienced attorney can help preserve evidence, negotiate with insurers, and ensure you’re treated fairly.  At Bordas & Bordas, we fight to protect victims and ensure they’re not taken advantage of during this complex process. Learn more about truck accident claims

Bordas and Bordas Attorneys celebrating 40 years of justice from 1985 to 2025 with the message "Fighting for Justice for 40 Years.

Fighting for Justice for 40 Years

Fighting for Justice for 40 Years In 2025, Bordas & Bordas is proudly celebrating 40 years, a testament to our unwavering commitment to serving our community and fighting for justice. Since our founding in 1985 by Jim and Linda Bordas, we’ve grown from a small practice into one of the region’s premier personal injury law firms with offices in Pittsburgh, Pennsylvania, Wheeling and Moundsville, West Virginia, and St. Clairsville, Ohio. The story of Bordas & Bordas Attorneys PLLC began with a unique partnership. Linda, a former hospital pharmacist turned lawyer, and Jim, who has been described by many as a giant in the legal profession, combined their expertise and passion for justice to open the doors of Bordas & Bordas upon Linda’s graduation from law school in 1985. Their remarkable record, including never losing a trial together, fueled the firm’s early success. Linda’s medical background proved invaluable, particularly in medical malpractice cases, where she became a leading force, securing landmark verdicts and expanding patient rights. Jim spent his career fighting battles for his clients that others couldn’t or wouldn’t fight. For over four decades, he built a reputation of success through landmark jury verdicts and settlements. In 2000, the Bordas legacy continued with the addition of Jim and Linda’s oldest son, Jamie, who became the firm’s managing partner in 2005. Jim cherished working alongside Jamie, creating a strong bond, and ensuring the firm’s values would endure. Linda remains a partner at Bordas & Bordas and continues to provide guidance and advice as we continue to fight for justice. Our Core Values: The Shield of Bordas & Bordas Our logo, a shield with four quadrants and a central cross, symbolizes what we hold dear: Experience: Four decades of dedicated legal service. Family: A firm built on strong family values and lasting relationships. Community: A commitment to serving and giving back to our community. Results: A proven track record of securing substantial recoveries for our clients. Christian Values: The Cross in the center represents the moral compass that guides our work. Our Commitment to You A lot has changed in 40 years, but one thing remains the same: Our reputation for taking on any opponent in the courtroom. This is backed by years of success and record-breaking results, including numerous multi-million-dollar verdicts and settlements across a wide range of personal injury practice areas. We understand the challenges clients face, which is why our cases are handled on a contingency fee basis. This means clients pay no fee unless we secure a recovery for them. We offer: Free initial consultations. No retainer required. We advance all case expenses. Our work has garnered national attention, with features on programs like 60 Minutes, Inside Edition, and CNN, showcasing our dedication to seeking justice for our clients. Learn more about our results by clicking here. As we celebrate 40 years, we reaffirm our commitment to providing exceptional legal representation and upholding the values that have guided us since 1985. We are grateful for the trust our clients have placed in us and look forward to serving our community for many years to come.