NCJ Number
143173
Journal
Justice System Journal Volume: 16 Issue: 2 Dated: (1993) Pages: 139-154
Date Published
1993
Length
16 pages
Annotation
The 1992 presidential campaign controversy about the status of the civil justice system provides an incentive for revisiting the question of how to properly characterize the tort litigation system.
Abstract
Although earlier controversy focused on insurance affordability and availability and the presidential campaign focused on the role of lawyers in society and on concerns and disagreements about the magnitude of civil litigation, the costs of resolving liability claims and the outcomes of personal injury cases were central to both. Following a review of filing trends, verdicts, and costs associated with civil liability cases, the author concludes that the civil liability system continues to grow. Growth patterns, however, are far more complex and difficult to explain than was suggested in the recent presidential campaign. New data support the idea that the tort liability system encompasses multiple worlds of litigation, but these data raise questions about what is actually going on in each world. A program of sustained research on litigation behavior and outcomes is essential to assess trends in and improve the civil liability system. 13 footnotes, 2 tables, and 3 figures