Topic > Tort Law: Negligence and Tort Law - 1063

This includes how litigious Americans are, the recent explosion of tort litigation, frivolous lawsuits, judicial lottery, and jumbo verdicts. This argument assumes that Americans will sue each other every chance they get. Obtain. If this were true, it would be a major concern. There is little empirical support for the supposed explosion of tort litigation. For example, from the 1980s to the early 2000s, tort cases filed in Texas, generally considered an active state for tort reform (in September 2003 Texas initiated its major damage-limiting reform general to $250,000), district courts decreased from 9.4% of civil cases to 8.6. %. Also in Texas, between 1995 and 2000, "the filing rate of all tort cases decreased by 31.7% (Daniels & Martin, 2015). Daniels and Martin also refer to an interesting study conducted by Professor Bert Kritzer on screening by plaintiffs' lawyers Kritzer's research found that nearly 70% of potential personal injury claims and more than 80% of potential negligence claims were rejected due to a lack of evidence of liability or small damages. Therefore, it is difficult to believe that frivolous lawsuits are actually a serious problem if lawyers review most of the potential claims that are presented to them. The explosion of tort litigation is an example of how popular belief often trumps statistics