What can be done to reduce the number of lawsuits filed in the U.S.?

Question

The number of lawsuits filed in the US is astrnomical, I believe if people could sue others at the drop of a hat, all kinds of things would be less expensive. Insurance premiums, medical care, automobiles, airefare, and on and on.

It should read "if people COULDN"T sue people at the drop of a hat" sorry about that.

Answer 1

Currently civil law in the US permits a plaintiff to collect damages if the defendant(s) fail to prove they are not culpable. In other words, under civil law, you are guilty unless proven innocent--in direct contradiction to the principle of "innocent until porven guilty" tat obtains in criminal law. Change that--require plaintiffes to actually prove culpability--and the problem will take care of itself.

BTW--in a few jurisdictions (notably Louisiannna) this is already true--and they dont have all the frivolous lawsuits.

Answer 2

It really is sad, isn't it? I can understand some of the medical liability suits where the doctors have been extremely negligent, and either caused crippling or death, but not the others.

Everyone is lawsuit happy to make that 'get rich quick' money into their hands to live high on the hog at someone else's expense. And it is the other persons expense because their insurance premiums go up.

I blame the TV advertising attorneys for this stuff, "Call Sam Bernstein"...

If there was legitimate neglect on the part of a person or company, that is one thing...but it is sad how so many people want to get rich and look for things to happen just for the money.
I also blame the judges who encourage these lawsuits without positive and absolute proof. Any person can have a 'doctor friend' who will attest to anything for a cut of the take. It makes me really angry.

Answer 3

The term tort reform is used by its advocates to describe a change in United States civil law system that they believe will improve its efficiency or reduce litigation's adverse effects on the economy.

While the phrase "tort reform" might imply any change in tort law or procedure, the commonly understood use in political and academic arenas describes a movement to limit tort litigation and damages. It does not include reforms that would expand liability, such as laws that create new causes of action or that increase damage awards. The term is also commonly applied to a political movement that advocates several such changes.

Tort reform is a controversial subject and has been one of the most debated policy issues in recent times.

Also...just a side note....in my own profession....if it weren't for lawyers...we wouldn't NEED lawyers!

Answer 4

Reduce the number of jizzbuckets in this country conning the public out of their hard earned money? That would be a good start. Then create a civil Tort action court ($10,000) max just like small claims... no attorneys. Then ban lawsuit insurance. Oh my...Oh my... what a concept.

Answer 5

To reduce the number of lawsuits:
- limit lawyer compensation (i.e. salaries, not a percentage of the lawsuit results) ... and make it stick.
- absolutely require the one suing to prove guilt, not the one being sued to prove innocence.
- limit the indemnity of the one being sued ... note that several companies expressly state such an amount in their contracts, which may be in direct opposition to the way the state limits liability. For individuals, make the same conditions.
- rewrite the laws of 'bankrupty' to actually MEAN bankruptcy. (Typically, in the US the one claiming bankruptcy can keep their primary residence - regardless of its 'worth' - AND a combination of cash and belongings that approach $125000. Contrast that to Canada, where the TOTAL amount of net worth - including home ownership - the claimant can have after bankruptcy proceedings is no more than $25000 ... and even less in some regions.)

Answer 6

Put a cap on the ridiculous amounts that juries are awarding and make whoever files an unsuccessful lawsuit to pay both attorney's fees, as well as court costs.

Plus judges could throw out lawsuits that are ridiculous.

Answer 7

Agreed. But what you are suggesting is that we change the mindset of Americans and their right to sue! Litigation seems to be the first resort for folks. If they don't like how they were treated, or if they just want a few extra bucks.

"You say you haven't been the same since you had your little crash,
But you might feel better if they gave you some cash.
The more I think about it, old Billy was right...
Let's kill all the lawyers, kill 'em tonight!"

From 'Get Over It' - Eagles

Answer 8

I think that if we made the plaintiff (filer) of a lawsuit responsible for all court costs - judge, courtroom rental, jury pay, time spent on the case by the defendant, legal fees, etc if they do not prevail then we would stop people in their tracks.
Too many frivilous abuses of the system are making it into our judical system - we need to make the people filing these lawsuits more responsible for their abuse of process.

Answer 9

There needs to be a new law saying that no politition or judge is allowed to be a member of the Bar association! When you consider that most polititions that write laws are members of the Bar, it becomes clear why this is the problem that it is. Face it with Attys. writing the laws most laws are going to be written so as to benefit the Attys. by making more and more work for Attys. like lawsuits!

Answer 10

Charge a huge fee just to file a lawsuit. That would stop alot of people who just want money for no reason.