There is a feeling that we as a society often take to suing each other as a way to resolve our disputes. This feeling has carried over in numerous attempts by states and Congress to place limits on punitive or non-economic damages awards. These limits have been questioned as unconstitutional by some while lauded by others as a competitive measure necessary to attract business and others to a state.
Tort reform remains a hotly contested topic and the subject of lawsuits and attempts on both sides of the issue to place limits or protect the free exercise of rights under the law. What is the true nature of lawsuits filed in the United States that are civil in nature? What amounts are given by juries versus those handed down by judges? Are the number of lawsuits filed annually growing or has this trend been on a decline in recent years? Here are answers to these and other questions related to the litigious nature of society.
Number of Lawsuits Filed Annually
A look at the total caseload in the civil courts throughout the United States by the National Center for State Courts Court Statistics Project shows that overall civil caseloads in 2010 declined by 2.8% over the prior year’s levels. Of the nearly 545,000 cases in civil courts around the country, 93 percent were small claim and other limited jurisdiction/less complex legal matters. Cases of malpractice (particularly medical malpractice) represent a small percentage of total civil caseloads. In most jurisdictions, medical malpractice cases represent less than 1% of total civil case intakes.
Nature of Litigation Cases Filed and Award Size
The majority of tort claims made are in the area of motor vehicle liability, followed by general product liability and personal injury. One of the biggest myths surrounding these cases is that lawyers make such filings in order to receive large payouts. This myth is patently false, given the low rate of success for product liability cases and small percentage of jury awards in excess of $1 million in federal proceedings. In fact, if you have a case before a federal judge who is empowered to make a damages award (actual and non-economic benefit), your chances in receiving $1 million or more is 2.3%.
How Litigation Benefits Society
The myth of lawsuits and tort claims filed has gone as far as to lead Congress to pass a bill on party lines in the House of Representatives in the current legislative session. H.R. 2655, known as the Lawsuit Abuse Reduction Act of 2013, passed on a vote of 228 to 195 on November 14, 2014. Although it stands little chance of coming out of the Senate or being signed by the President, the message being sent is that controls need to be mandated in order to stop citizens from exercising their right to trial.
The ability to sue is a fundamental right that helps society. The suits help establish acceptable practices and standards of behavior for all to follow. An example of this is the famous McDonald’s coffee. Even though the actual award was much less than the publicized amounts, the result of the lawsuit forced the fast food restaurant chain and others in the industry to put in place proper customer safety practices, a benefit for society. If you are interested in filing a lawsuit and cannot afford the costs, you may want to consider loans for a lawsuit to help you with your legal matter. The right to seek legal redress for your disputes in a court of law should not be limited by your financial situation.
