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Old 02-02-2003, 11:54 PM
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Well Brett, it's obvious you've had some bad experiences or know someone who has, however, some information may be helpful.

Court costs will not remain the same if comprehensive tort reform is adopted as drafted by the Uniform Committee. It involves far more than the "loser pays" element. You may be in a jurisdiction that is outmoded, but many court systems have already adopted limitations on discovery, including form interrogatories and the like. In addition, caps on damage elements such as pain and suffering, and punitive damages limit insurance company exposure while still providing adequate compensation for worthy victims. Many courts also have fast track litigation schedules that prevent drawn out cases before trial. Finally, mandatory mediation and arbitration (without appeal) can lessen the burden on the court system and bring a good number of cases to a prompt resolution. Insurance companies have strict limits on the hourly rates they pay (far below my normal rate) and utilize paid consultants to review billings submitted by attorneys to insure that billed hours and costs are valid.

I can only imagine what kind of case involves an SJ costing $100,000--certainly not a typical situation in the vast majority of liability cases that would be relevant to this thread. I'm sure there are some--but they would be an extreme exception to the rule.

Obviously, if you are of the ilk that choses to blame the attorneys for everything--then this will be lost on you. If you are curious enough to want to know the reality of the situation, you can contact your local bar association or might I suggest the litigation loss control department of an insurance carrier.
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