Why should I get punished if I do nothing wrong and someone files a lawsuit against me? That's essentially what happens when you require the defendant to shell out money regardless of whether the defendant actually did anything wrong. To solve this problem court fees should be paid by the loser. Similarly, if someone does something wrong to someone but the court fees would outweigh any potential damages then in our current system how can we hold that person accountable? They wind up being ignored if the potential plaintiff doesn't want to lose money just for the sake of defending principles, and so they are able to continue violating people's rights.
I am of the firm belief that unnecessary lawsuits are one of the biggest problems facing the United States of America today. Anyone can sue anyone else for whatever reason they so desire, and it is choking and killing our legal system. Something must be changed as soon as possible.
It would cut down on the number of frivolous lawsuits by forcing people to reconsider there legal case before it is brought to court. At the same time it would deter the tortfeasor from committing the tort in the first place. As a constitutional amendment the English Rule would reduce cases within our courts without being able to be struck down by the Supreme Court.
While in theory, the reform would be nice, in practice, in the US, it simply would not work. The courts have enough to worry about, and the nation has more pressing matters to deal with. We would simply be clogging up the court systems more when they are already too clogged.
The biggest tort reform myth is that frivolous lawsuits are clogging courts, but the fact is, American doesn’t have a lawsuit problem.
Despite popular opinion, statistics show that America doesn’t have a frivolous lawsuit problem. The Rand Institute for Civil Justice, one of the most respected think tanks in the nation, found that only 10 percent of injured people seek compensation and only 2 percent of them file lawsuits. The Rand Institute also found that since 1991, tort cases reflected only six percent of all cases filed. Other reports have shown that:
While populations have grown nationwide, personal injury lawsuits have decreased by 21 percent.
Personal injury lawsuits represent only 1.3 percent of all civil dispositions.
From 1992 to 2005, jury trials in personal injury cases have seen a 52 percent decrease.
A survey of judges in Texas, where tort reform support runs high, found that 86 percent of them felt there was no need for legislation to limit lawsuits.
The frivolous lawsuit myth is an invention of big business. Corporations and insurance companies, though selective and sometimes entirely false reports, have framed several legitimate lawsuits as frivolous and an abuse of our courts. Through a relentless and well-funded public relations campaign, big business has transformed civil cases into urban myths that propagate the frivolous lawsuit myth. Frivolous lawsuits are just another bogey man trotted out by corporate interests to scare us into giving up our rights.