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Good News! Tort Lawsuits Have Been Declining at a Steady Pace
Posted on 7/28/17 at 8:33 am
Posted on 7/28/17 at 8:33 am
I know you all need some good news this morning so I present to you the good news that those dastardly tort lawsuits that we all hate have actually been declining in frequency the last three decades. Don't tell Sentrius or LABI, but it looks to be true.
LINK
LINK
quote:
Fewer than two in 1,000 people—the alleged victims of inattentive motorists, medical malpractice, faulty products and other civil wrongs—filed tort lawsuits in 2015, an analysis of the latest available data collected by the National Center for State Courts shows. That is down sharply from 1993, when about 10 in 1,000 Americans filed such suits.
A host of factors are fueling the decline, including state restrictions on litigation, the increasing cost of bringing suits, improved auto safety and a long campaign by businesses to turn public opinion against plaintiffs and their lawyers.
quote:
Tort lawsuits now account for less than 5% of all civil filings in state courts. Contract cases, including those filed by corporate plaintiffs such as debt collectors and banks foreclosing on homeowners, have increased in number and now represent about half of all civil cases.
4
Posted on 7/28/17 at 8:37 am to boosiebadazz
I'd like to see the study for Louisisana.
Posted on 7/28/17 at 8:40 am to boosiebadazz
quote:Is this why the ambulance chasers are now starting to sue each other?
Good News! Tort Lawsuits Have Been Declining at a Steady Pace
LINK
Posted on 7/28/17 at 8:42 am to Y.A. Tittle
Drop the jury threshold to $20,000 in exchange for a 2 years prescriptive period. That's probably more punitive to the Plaintiffs' bar than extending prescription is to the defense bar, but the $50,000 threshold is too high.
Posted on 7/28/17 at 8:49 am to boosiebadazz
quote:
Drop the jury threshold to $20,000
Sure let's greatly multiply the number of citizens taken out of work for jury duty for dip shite cases.
That's a GREAT solution. Sure to be enormously popular.
Posted on 7/28/17 at 8:52 am to TigerGman
quote:
Sure let's greatly multiply the number of citizens taken out of work for jury duty for dip shite cases.
And do you think plaintiffs' lawyers will want to invest the time and money it takes to bring a case to trial and to do so in front of a hostile jury mad they're there to litigate a slip and fall with a serial plaintiff?
Posted on 7/28/17 at 8:54 am to boosiebadazz
quote:
Drop the jury threshold to $20,000
Needs to go lower than that. Most states are between 5k and 0.
This specifically is a huge reason for the high insurance rates LA.
Posted on 7/28/17 at 8:55 am to t00f
I know, but I'm not giving away the farm here Let's do it incrementally to make sure it has the intended effect
Posted on 7/28/17 at 8:56 am to boosiebadazz
I've never understood the tort reform crowd as it relates to medical malpractice. Here in SC, tort reform has killed an injured party's right to sue medical professionals.
Before you even file suit, you have to file a Notice of Intent with the attached affidavit of a medical expert. Then you have to submit to a pre-suit mediation. The costs of a med mal suit, even before litigation, are now so high Plaintiffs' lawyers won't take valid suits because the damages don't correspond with the costs.
If I can sue a plumber or contractor for negligence regarding my home or property, why then do I have to go through such hoops to sue someone entrusted with my life? Makes no sense except for the fact that state legislatures are owned by the insurance and medical lobbies.
Before you even file suit, you have to file a Notice of Intent with the attached affidavit of a medical expert. Then you have to submit to a pre-suit mediation. The costs of a med mal suit, even before litigation, are now so high Plaintiffs' lawyers won't take valid suits because the damages don't correspond with the costs.
If I can sue a plumber or contractor for negligence regarding my home or property, why then do I have to go through such hoops to sue someone entrusted with my life? Makes no sense except for the fact that state legislatures are owned by the insurance and medical lobbies.
Posted on 7/28/17 at 8:58 am to boosiebadazz
quote:
I know, but I'm not giving away the farm here
Let's do it incrementally to make sure it has the intended effect
Yeah I know.
Last HB got tabled a few years ago because they tried to push 0. Huge mistake.
Posted on 7/28/17 at 8:58 am to SCLibertarian
the thing with med mal is that it's SUCH a huge potential recovery and leaving it up to juries can lead to really extreme results
classic emotion over rationality scenario
classic emotion over rationality scenario
Posted on 7/28/17 at 8:58 am to SCLibertarian
Agreed. The process is similar here in Louisiana in that it favors the medical professionals.
I don't know if I mind it from a public policy perspective because I do want doctors practicing medicine without fear of being sued for every little thing.
However, it always make me laugh when uninformed posters start ranting and raving about medical malpractice suits. I think most states have a separate process for bringing med mal claims, and they're almost all designed to give some deference to the medical professionals.
I don't know if I mind it from a public policy perspective because I do want doctors practicing medicine without fear of being sued for every little thing.
However, it always make me laugh when uninformed posters start ranting and raving about medical malpractice suits. I think most states have a separate process for bringing med mal claims, and they're almost all designed to give some deference to the medical professionals.
Posted on 7/28/17 at 9:02 am to boosiebadazz
quote:
However, it always make me laugh when uninformed posters start ranting and raving about medical malpractice suits. I think most states have a separate process for bringing med mal claims, and they're almost all designed to give some deference to the medical professionals.
Lowering the jury threshold will works itself out as attorneys will stop filing frivolous lawsuits they know they can't win anymore.
Posted on 7/28/17 at 9:03 am to t00f
quote:
attorneys will stop filing frivolous lawsuits they know they can't win anymore.
and here we go
Posted on 7/28/17 at 9:05 am to t00f
quote:
Lowering the jury threshold will works itself out as attorneys will stop filing frivolous lawsuits they know they can't win anymore.
I'm not sure how this is germane to the quoted part about the separate process for bringing med mal claims?
Posted on 7/28/17 at 9:06 am to SlowFlowPro
quote:
and here we go
You either know how this works in LA or you don't.
Posted on 7/28/17 at 9:07 am to t00f
quote:
attorneys will stop filing frivolous lawsuits they
plaintiff attorneys wouldn't have to file lawsuits if the carriers/defense bar was reasonable. Instead they play around and offer $7,000.00 of a 15k policy and end up getting hit for excess around 300k
Posted on 7/28/17 at 9:08 am to t00f
quote:
You either know how this works in LA or you don't.
outside of speculative slip and falls (which aren't even that popular), what kind of "frivolous" suits are you referring to?
if there is liability, the suit isn't frivolous
Posted on 7/28/17 at 9:09 am to Elleshoe
quote:
plaintiff attorneys wouldn't have to file lawsuits if the carriers/defense bar was reasonable. Instead they play around and offer $7,000.00 of a 15k policy and end up getting hit for excess around 300k
what kind of plaintiff attorney takes a $15k policy case to trial to get a $300k excess judgment?
Posted on 7/28/17 at 9:09 am to boosiebadazz
quote:
Contract cases, including those filed by corporate plaintiffs such as debt collectors and banks foreclosing on homeowners, have increased in number and now represent about half of all civil cases.
I have been wanting to start a collection agency and buy debt on the secondary market to collect on. Just haven't had time.
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