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Politics : Politics for Pros- moderated
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To: LindyBill who wrote (23022)1/6/2004 12:12:33 PM
From: Ilaine  Read Replies (1) of 793689
 
Opponents of the current system should read "opponents in the current system," in other words, the people on the other set of counsel tables, the ones who work for the insurance companies and corporations and governments with really deep pockets and unlimited ability to fund defense counsel, defense experts and costs.

The alternative to independent plaintiff's counsel is socialism. If an individual is injured by a corporation or a government, right now he can find a lawyer willing to take the case on a contingency basis.

Given the expense of litigation - a personal injury case for a person with severe injuries costs the plaintiff's $20K to $40K in costs before you get to the jury - plaintiff's counsel can't afford to take on crappy cases. Otherwise, you're hemorrhaging money and you won't last long. So all the talk about lottery style litigation is just that, talk. It may happen but it's not the norm. You can't do it more than once or twice without being ruined.

Take a disabled plaintiff, maybe paralyzed for life, living on Social Security. Or take the widow and minor children of someone who died a wrongful death. How are they going to come up with $20K - $40K for litigation?

There already exists mechanisms to sanction plaintiffs for frivolous litigation. What you're wishing for is to end personal injury litigation entirely.

Which means that the injured person will turn to the state for support, and the insurance companies get to keep the premiums, and the responsible person walks away scot-free.
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