The TRUTH About The Civil Justice System

Trial lawyers stand up for every-day Americans injured through no fault of their own and assure that regular Americans get a fair shake-even against the wealthiest and most powerful corporations.

Supporters of so-called tort “reform” claim that too many lawsuits have led to an excessive burden on our economy. They also charge that juries can no longer be trusted to render fair verdicts. But the truth belies these assertions.

It isn’t the people who are injured though no fault of their own who are creating the real costs. Nor is it the lawyers who represent them. The responsibility lies with those who cause the injury in the first place.

So-called tort “reform” would gut our system's ability to force wrongdoers to change their harmful conduct. For the whole story, check out the facts below:

Tort claims don’t clog the courts. The number of civil trials dropped by 47% between 1992-2001. The number of personal injury cases decreased by 31.8% during the same period. The decrease was reflected across specific case types. The number of automobile cases dropped 15%, premises liability 52.1%, medical malpractice 14.2% and product liability by 76%.

The idea of the “tort tax” ignores what is really at work in the civil justice system. According to Richard Abel, professor of law at University of California, Los Angeles, “successful tort claims do not create liability costs, they merely shift [the costs] from victims to negligent parties. It is the negligent parties who create liability costs by injuring victims….If liability costs are high, it is because injuries are frequent and serious.

Tort system costs pale in comparison to costs associated with injury. A Rand study estimated that medical spending for the treatment of injuries cost the U.S. economy nearly $154 billion in 1997 (about 20% of the nation’s health care bill) and that lost work time ads another $100 billion. The National Safety Council estimates that accident costs totaled $480.5 Billion in 1998.

About 6,000 deaths and millions of injuries are prevented each year because of the deterrent effect of products liability, according to the Consumer Federation of America.

When juries speak, corporate America listens. That's why:

• Defectively designed cribs no longer strangle infants.
• Flammable children's pajamas have been taken off the market.
• Once-harmful medical devices have been redesigned.
• Auto fuel systems have been strengthened.
• Cancer-causing asbestos no longer poisons homes, schools and work places.
• Farm machinery has safety guards.
  

Given the facts, why do opponents of civil justice blame tort cases for clogging our courts and driving up costs? Tort “reform” limits the rights of individuals to hold wrongdoers accountable, while allowing corporate wrongdoers to hide from accountability.

Don’t Let Them Put Profits Over People!