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Essay / Tort Law: Negligence and Tort Law - 1063
This includes Americans' degree of litigation, the recent explosion in tort litigation, frivolous lawsuits, court lotteries, and giant verdicts. This argument assumes that Americans pursue each other every chance they get. get. If true, this would be a major concern. There is little empirical evidence supporting the alleged explosion in tort litigation. For example, between the 1980s and early 2000s, tort cases filed in Texas, generally considered an active state in tort reform (in September 2003, Texas launched its major reform capping damages general to $250,000), district courts decreased from 9.4% of civil complaints 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 reference an interesting study by Professor Bert Kritzer on the selection made by plaintiffs' attorneys. Kritzer's research found that nearly 70% of potential personal injury claims and more than 80% of potential malpractice claims were denied due to a lack of proof of liability or minimal damages. So it's hard to believe that frivolous lawsuits are frivolous. This is actually a serious problem if attorneys review the majority of potential claims submitted to them. The explosion of tort litigation is an example of how popular belief often trumps statistics.