States Resource Center

Learn more about the status of lawsuit abuse and civil justice reform issues in each state.

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Fast Facts on Lawsuit Abuse Impact

  • America's civil justice system is the world's most expensive, with a direct cost in 2005 of $261 billion, or 2.09 percent of GDP. [Tillinghast-Towers Perrin, December 2006.]
  • Tort costs were $880 per U.S. citizen in 2005, meaning the average American family of four paid a "litigation tax" of more than $3,500 due to increased costs from lawsuits and other liability expenses that force businesses to raise the price of products and services. That cost is equivalent to nearly an 8 percent tax on wages. [Tillinghast-Towers Perrin, December 2006; U.S. Census Bureau, August 2006]
  • The U.S. civil justice system is estimated to return to claimants less than 50 cents on the dollar and less than 22 cents for actual economic losses. [Tillinghast-Towers Perrin, February 2003]
  • Tort costs are divided: 24 percent for noneconomic losses - such as pain and suffering; 22 percent for economic losses; 21 percent for administration; 19 percent for plaintiffs' lawyers; and 14 percent for defendants' costs. [Tillinghast-Towers Perrin, February 2003]
  • The growth in U.S. tort costs since 1950 has well exceeded the nation’s growth, after adjusting for inflation; in 1950 tort cost per person was $96; in 2005 the number grew to $880 per person.  [Tillinghast-Towers Perrin, December 2006]
  • Small businesses are responsible for 60 to 80 percent of all new jobs created in the U.S economy.  More employee benefits could be provided if the average small business earning $1 million in revenue didn’t have to spend $20,000 each year on an out of control lawsuit system. [Tort Liability Costs for Small Business]
  • Lawsuit abuse affects every business and every American.  Small businesses bear 69% of the $143 billion annual costs that the tort system imposes on businesses, but take in only 19% of business revenue. [Tort Liability Costs for Small Business]
  • Because many small businesses don’t have the money to buy insurance, they are hurt the most by lawsuit abuse.  Small businesses pay $20 billion in tort liability costs out of their own pockets each year. [Tort Liability Costs for Small Business]
  • 59% of voters agree with the statement:  “You know the legal system has gone too far when parks remove teeter-totters and swing sets, and schools won’t let kids play tag, for fear of someone getting hurt and filing a lawsuit.” [National survey of 800 voters conducted on December 14-18, 2006 by Public Opinion Strategies]

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Fast Facts on Lawsuit Abuse Impact
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Lawsuit Climate 2008 Fast Facts
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ILR Research


101 Ways to Improve State Legal Systems

101 Ways to Improve State Legal SystemsILR has released a comprehensive compendium of legal reform options for implementation by state legislatures, which allows legal reform leaders to modify their approach based on the unique policy and political landscape of their state.

Read the report (pdf)

View additional research

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