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Plaintiff lawyers are driving up all your expenses, threatening investments

Looking for what to do next? Find out at the end of this article.

Plaintiffs’ lawyers advertise their services as being in the interests of consumers. That is not always the case. Every person in this country, whether they are aware of it or not, pays a tort tax because of the excessive litigation produce by those attorneys. Jackpot Justice, a study conducted by the Pacific Research Institute, estimates the total cost of litigating civil cases is $865 billion a year. America’s out-of-control legal system makes a $2.36 billion hit on the economy each day.

Staying Alive – Legal Reform Adds Years to Your Life

The benefits of reining in runaway litigation are not all monetary. A 2006 study by Paul H. Rubin and Joanna M. Shepherd found that tort reform laws passed at the state level from 1981 to 2000 prevented roughly 22,000 net accidental deaths from occurring during that period. The researchers say excessive legal liability increases the costs of developing and selling many risk-reducing products and services, but because some states have put limits on lawsuits, these products have become more available to consumers.

Injured parties need a judicial system that will appropriately compensate them for the harm they suffer. But the country needs reasonable tort laws that limit the damages juries can award and minimize the incentives that encourage plaintiffs’ attorneys and plaintiffs themselves to seek fortunes through the civil justice system. None need it more than small businesses and families.

Now For a Dose of Financial Facts

In the big picture, lawsuit liability costs now exceed $865.37 billion a year.  This figure represents more money than the unprecedented 2008 U.S. federal bailout – more money than the cost of the wars in Iraq and Afghanistan on an annual basis – and more money than the Gross Domestic Product of the majority of nations in the industrialized world. 

According to Pacific Research Institute, which has conducted multiple econometric studies on the cost of the American civil liability system, more than half the amount spent on liability lawsuits each year is excessive. The U.S. spends approximately 2.2 % of Gross Domestic Product on direct tort liability costs, while most advanced economies spend .9 %.  So, compared to our economic competitors, the U.S. spends 59 % more on excessive liability costs.  That’s the equivalent of a 13 % tax on annual income in the U.S – income that supports retired Americans and Americans on fixed incomes.

Additional costs can be measured not only in dollars, but also in availability of medical services, jobs lost or outsourced, and critical innovations either stalled or foregone altogether. 

  • The annual loss to U.S. stockholders due to liability lawsuits is $684 billion – the equivalent of all U.S. supermarket sales for a year, or the entire economic output of the State of Florida.
     
  • Drawing on data from the Institutes of Medicine, 114,000 people would be alive today if not for excessive tort liability in medical services during the past two decades.
     
  • The so-called “tort tax” on an American family of 4 is $9,827.

Now What Do We Do?

Foundation for Fair Civil Justice (FFCJ) exists to bring empowering programs and education to retired Americans and Americans on fixed incomes. 

  • Please take the time to sign up for our Fairness Matters e-newsletter, which will bring you news items right to your email that tell the ongoing story about the need for legal reform by clicking here.  We don’t share your email address with anyone – that’s important to us.
     
  • Learn more about the bread-and-butter, common sense need for legal reform and how lawsuit abuse affects you as a retired American or American on fixed income by listening to our “Let’s Be Fair” radio commentaries, hosted by FFCJ Senior Fellow Bob Dorigo Jones by clicking here

    Bob is a bestselling author and founder of the nationally profiled “Wacky Warning Label Contest,” which annually picks the wackiest warning labels on products to underscore the absurd lengths to which American business has to go in response to the threat of lawsuits.

     
  • Finally, we hope that FFCJ programming is a good investment for your business and for America!  Please take the time to invest in our work to protect you by making a tax-deductible contribution by clicking here.

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See All News Headlines > In the Headlines

Dean says no tort reform because trial lawyers too intimidating

A moment of clarity from Howard Dean, courtesy of CNS News, who took this video at the town-hall forum of Rep. Jim Moran (D-VA). When an angry constituent wondered why a supposedly comprehensive “reform” of the health-care system doesn’t include tort reform to lower costs of malpractice insurance and reduce defensive medicine, Dean responds as “a doctor and a politician.” Apparently, neither has the courage to face the trial-lawyer lobby.


FFCJ Releases Exclusive “Role of the Courts” Video

To stimulate public discussion about the importance for state court decisions to adhere to the principle of the “rule of law”, FFCJ has produced a short video program that will be aired as regular programming starting this month on PBS.  PBS expects a minimum of 3 million viewers to watch it! “The Role of the Courts” will also be available for more than 38 million subscribers on cable starting in January.

“The Role of the Courts” features two retired state Supreme Court Justices—Harold See of Alabama (top left) and Cliff Taylor of Michigan (below left). See and Taylor briefly discuss how the judicial system was framed by the U.S. Constitution.


Obstetrics Crisis Growing In Pa.

(The Bulletin) The obstetrics crisis in Pennsylvania is growing. Last month, the maternity units at Brandywine Hospital near Coatesville, Chestnut Hill Hospital in the affluent Chestnut Hill section of Philadelphia and Central Montgomery Medical Center in Lansdale, all closed.

So far, 17 maternity wards have closed in Philadelphia since 1997. According to one source, the waiting period for gynecologic care for a new patient in the five-county Southeastern Pennsylvania area is six to nine months.



See All Opinions & Editorials > Opinions & Editorials

Selling Out Doctors to Pay Off Trial Lawyers

Newt Gingrich and Wayne Oliver, Center for Health Transformation

(as printed at Politico.com) Civil justice reform, which is sometimes referred to as “tort reform,” is not addressed in any health reform bill now being considered by Congress. As a matter of fact, civil justice reform is rarely being discussed even though it should be a critical component of every discussion and in every legitimate health reform bill.

Physicians understand its importance. And so do the American people. Many are beginning to wonder why it’s not in any bill.

Howard Dean, former chairman of the Democratic National Committee, at a town hall meeting in Virginia last week said, “Tort reform is not in the bill because the people who wrote it did not want to take on the trial lawyers. And, that is the plain and simple truth.”


The Trial Lawyers’ Earmark: Using Medicare to Finance the Lifestyles of the Rich and Infamous

Edwin Meese, III and Hans A. von Spakovsky, The Heritage Foundation

In one of the starkest examples of how plaintiffs’ lawyers want to use Congress to get rich at the expense of the American taxpayer, an amendment that would have generated abusive Medicare litigation on a massive scale—along with the usual huge attorneys’ fees—was recently added to the health care reform bill in the U.S. House of Representatives.[1] The current Medicare statute simply ensures that Medicare is reimbursed for the medical benefits it pays when a third party is legally responsible for a Medicare beneficiary’s injuries or medical costs.


Cost Control: Liability Limits Needed In Reform

Editorial, The Oklahoman

It’s not complicated. Everyone knows much of the expensive medical testing that’s ordered is by doctors trying to protect themselves against malpractice claims. Likewise, the cost of malpractice insurance is part of a physician’s “overhead” charged to patients.


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