The Cooper Firm

Suits filed in state court have declined by 10% since 1994. Automobile-related filings have fallen by 14% since their peak in 1996. This number is accurate in federal courts as well. In the last ten years, tort actions in U.S. District Courts have dropped by 5% (1995-2005). (Administrative Office of the U.S. Courts, Judicial Caseload Indicators, Table 4.4, 2006)

Further, juries are more than likely than judges or independent reviewers to decide in favor of defendants. The median award in 2001 was only $28,000. The median medical malpractice case award, which typically involves much more serious injuries than the average tort claim, is only $170,000, a far cry from the "jack-pot justice" and "lottery- payout" claims of critics of the Civil Justice System.

Finally, the claims that juries are simply not sophisticated enough to understand the intricacies of the law has been debunked by three decades of research. Research shows that judges and independent reviewers are in agreement with the verdict a jury reaches a vast majority of the time.

The next time you hear of the litigation explosion, think on these things.

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