Has personal injury cases become more frivolous in the past 10 -20 years?
In the US, personal injury cases are ONE of the types of frivolous cases that have mushroomed in the last 20 years. Sadly, unscrupulous lawyers are always in the media trying to drum up such cases and many people are out for an easy buck.
But other types of cases have also mushroomed like false accustations of domestic violence used to gain the upper hand in divorce or just to harrass people.
Sadly, we live in an over-litigous society. New laws are needed not to protect those harrassed by these false lawsuits!
I am little biased. But, I do not think personal injury cases have become more frivolous. The insurance companies have a good ad campaign to vilify victims. People get hurt and they they should get compensated.
Personal injury cases are a big part of what is driving our healthcare escalation of today yet the lawyers who populate the Washington legislative crowd are not about to address it even while passing government run health legislation. Don't get me wrong here, there are some very good and very ethical attorneys in the world and they supply a viable, needed service. But, there is a sect among them that operates on nothing more than bilking as much as possible out of any and everyone they can drag into the courthouse. America has become a "sue" society as a result. It's just one more shot at riding on the "easy street" train...like hitting the lottery. We do need the threat of litigation in our society to push a seeking of compliance to standards. We also need some very stiff consequences for those who would seek to use our system of laws to rip off companies and individuals in a frivilous manner....we can have both I believe. WB
Unfortunately if you listen to politicians enough you start to quote them without realizing. More importantly, you start to believe this campaign fodder.
Wayne Brown responded, "Personal injury cases are a big part of what is driving our healthcare escalation of today yet the lawyers who populate the Washington legislative crowd are not about to address it even while passing government run health legislation."
Well if you think that $30.4 billion for med mal is driving up the cost, think about that number in context of the total cost of the health care system--$2 trillion. I'll save you the math and tell you that med mal makes up 1% - 1.5% of the total cost of health care.
So if we want to lower health care costs, "tort reform" is how we are going to do it? BTW, the facts above come from Towers Perrin, an actuarial consulting firm study taken on data from 2007.
Yes, the increase of people looking to cash in has significantly increased. What most people don't know is that a majority of frivolous claims are turned down by the attorney/law firm.
I can tell you from experience, proving medical malpractice is EXTREMELY difficult to prove and usually EXTREMELY expensive to finance--remember PI attorneys work on contingency, no win, no money--so all of the expenses are on the law firm and never recouped if the case is lost.
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