How is the USA considered to be such a litigious society when hiring an attorney is so expensive?

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So many public institutions and businesses in the US base much of their internal policies and procedures on limiting their liability in how they operate day to day so they don’t get sued.

When you see a no-brainer, obvious disclaimer on a product packaging or advertisement and think to yourself *why does that need to be explicitly stated?* and the answer seems to always be “so some idiot doesn’t sue them.”

Even myself as an individual need to carry hundreds of thousands of dollars of personal liability insurance on my homeowners policy in case somebody sues me.

When people who feel that they’ve been wronged by an employer, or their kid’s school, or by another individual the advice they get online is always “get a lawyer” but how can most people afford to do that?

I know that attorneys can take money from a settlement after it’s been won, but that takes months or even years in court and with the average fee of well over $150.00 per hour for even a consultation with an attorney, how do normal people afford to sue anyone?

I am well aware that individuals seeking damages from big corporations for blatant negligence is one of the quickest ways for health and safety regulations to be reformed, like that poor woman who was burned because McDonald’s was keeping their coffee at near boiling temperatures, I’m not questioning if these lawsuits are legitimate, I’m questioning how they’re even possible?

In: Economics

25 Answers

Anonymous 0 Comments

Plaintiff’s counsel in America work on Contingency (i.e. client pays nothing until settlement/win, after which they pay ~40% of the take). Conversely most other countries prohibit or greatly restrict contingency agreements, which prevents people from suing.

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