--"The first thing we do, let's kill all the lawyers". William Shakespeare’s Henry VI, Part II, Act IV, Scene 2
Like hyenas, personal injury attorneys flock near figurative watering holes looking for the injured and infirm to rip apart and devour before the big carnivores (insurance companies) move in for the kill. Forgive the analogy, but our tort law system resembles, roughly speaking, an African Savannah survival of the fittest drill. And it’s an ugly struggle to watch.
What’s your accident worth? If you are injured in a car crash, whatever you do, don’t settle with an insurance company. That’s the standard pitch coming from a scourge of personal injury lawyers hectoring us on television no matter which channel we choose. Hurt on the job? No problem. Wrongful death? Our specialty. You heal (unless you’re dead) while our attorneys go after compensation from the ones responsible, and anyone else who may have played a part in your anguish. Lighten up! We’ve got your back. What do you have to lose? Huh? Our attorneys don’t get paid unless your case is awarded in your favor, often big money. What could go wrong? Huh?
Turns out lots could go wrong. Putting anxiety and general tedium aside and finding yourself in the slow-moving gears of the tort judicial system, there is a good chance you will resent the injustice of the process. Often the cases are settled out of court by pitting lawyers against the insurance industry, two entities stewed in their own self-interest. Uncompromising lawyers and costly medical systems set the stage for tussling over award, liability, and every nit of argument. Many insiders find the civil justice system unethical, one which fuels countless professionals and civil servants for personal gain at the expense of ethics and fairness. If you win your case or settle out of court, your lawyer typically takes 25 % to 40 % of the settlement, and after ancillary expenses a judgment often means attorneys are the winners, and you are left with resentments. Time and bother may yield compensation, but even if you receive a decent settlement you will likely find the combative process off-putting.
The rules of professional conduct allow lawyers wide berth when making pitches on radio, television, billboards, and other media. While it used to be unethical for lawyers to advertise, those prohibitions changed in 1977 when the U.S. Supreme Court struck down bans against advertising by attorneys. And while it is still unlawful in most states to chase ambulances as a way of drumming up legal business, in effect sales-pitching by running ads amounts to the same thing without involving hired runners who used to drum up business for attorneys. Although insurance companies are known to lowball accident victims’ compensation, injury attorneys also have a history of taking advantage of victims. We, the schlubs who have suffered injuries or worse, try to get by without being caught between Scylla and Charybdis.
Under the present system of tort law, we pay dearly. All of us. Either the insurance companies make over-the-top profits or the personal injury lawyers ratchet up settlements. In fact both things usually happen. Insurance companies make big profits while personal injury lawyers go for broke on monetary demands. Insurance companies and tort law attorneys win at the expense of the rest of us. We pick up a percentage of the tab with every payment and purchase. We pay higher insurance premiums. We pay more to companies who must pay the defendants who win over-the-top tort cases. People lose jobs. Taxes creep up. The cost and efficiency of our tort system have been thoughtfully researched and debated, but finally our tort law procedure is a drain, all those lawyers hustling after big scores. All those accident victims rubbing the backs of their necks while wondering if whiplash could be added to the accident settlement.
As a side note, there is nothing noble in the stock claim lawyers and claimants make after winning a big pay out. “It’s not about money. It’s the principle of the thing.” Really? No, it’s about money. “O, while you live, tell truth and shame the devil,” as Hotspur said in Shakespeare’s Henry IV, Part 1. How would the plaintiff feel if told, yes, the giant corporation admits guilt in killing your family, but the award to you is a sincere apology. Monetary award is assigned cy pres. However, the court finds you win the day, and others may take note. Principles! Attach those principles to several million dollars and shut the door on your way out.
If one has wealth and inclination, anyone may use the justice system as a club or a shield. Truly, if you are loaded and so inclined, you may use filing lawsuits as a hobby. As in many sectors of American life, those well-moneyed get the largest share of processing justice in our courts. According to reliable sources, former President Trump’s political network has spent about 130 million in legal fees since he first began running for office. Those fees will double or triple as he faces ongoing legal difficulties. For him, apparently, it is worth every dollar his political donors pay for his legal manipulations. Though he has a history of “stiffing” lawyers, the hundreds of attorneys he hires allow him to keep gaming the courts. Though it is believed that no one is above the law, Trump has found a way to jump over or around the law time and time again. He appeals every disappointing loss in the courtroom and gobbles up a massive share of the justice system’s resources. As dodgy as it may appear, bullies get the bully pulpit. Again, in Trump’s case, money raised from his followers is shoveled through Trump’s money counters to Trump’s army of attorneys. No problem. What has he got to lose?
At a minimum, our tort system if out of whack. At worst, it is a machine which will destroy itself. An empirical analysis suggests our system is simply too expensive and is getting even more pricey each year. Each American contributes about $800 a year for tort law expenses according to some estimates. Universal health care would offer a partial solution because the largest portion of medical expenses would be covered for the victim as well as everyone else.
Ultimately, justice system needs tort reform. Tort laws make insurance and medical coverage too expensive. A makeover is needed before some jury awards a guy who burned his mouth on a cup of coffee twenty billion dollars, which will mean when you order your next cup at Starbucks the price will be $40.00 for a flat white.