A tort is an act by one that harms another. The act can either by committed intentionally, or more commonly, as the result of negligence. Some of the most common negligent acts are car or motorcycle accidents, slip and falls, wrongful death (a negligent act that causes the death of another), and medical malpractice. A person injured by a tort uses the civil court system to seek compensation for their injuries (including medical bills, lost wages and pain and suffering). Usually the claim is made to an insurance company. However, there are instances where large companies, municipal entities, and sometimes individuals or corporations who don't carry insurance are the responsible party.

Tort reform can be defined as a desire to change the laws that dictate how damages are awarded in tort cases. The desired reforms include capping the amount a person can recover in certain cases, or banning certain claims altogether, leaving the injured person without recourse. Early tort reform began in the early 20th century after the legal profession began a movement to hold large corporations accountable for injuries to consumers and their employees. Insurance companies bore the brunt of paying most claims as the use of the car boomed and responsibility for paying car accident claims largely fell on their shoulders. The insurance industry was becoming less profitable and began a public relations campaign that still exists today, demonizing personal injury claimants and their attorneys. In the mid-1980's, this campaign became more widely known as "tort reform."