I am on the defense side. I rarely have a plaintiff's case, and rarer still do I have a plaintiff's personal injury claim. I agree that justice is not always served. People file lawsuits because it works. At the end of the day, the system rewards filing lawsuits. There is plenty of blame to spread around. If juries did not award verdicts in such large amounts, people would not be incentivized to file suits. When suits get filed, judges pressure the parties to settle so they don't have to make a decision and risk getting reversed. And when they do make a decision, almost invariably, the opinion is tainted by the judge's compassion for the injured, regardless of whether the plaintiff really should recover under the law as dispassionately applied. It's really hard to get a summary judgment. Many judges have a really hard time sending an injured plaintiff home empty handed. It's easy to blame them when you are not the one actually making that call. But I am sure it feels a lot different when you are the one actually making that decision. And the Insurance companies feel pressure to settle the lawsuits so they don't get sued for negligently failing to settle and protect their insured, resulting in additional exposure beyond that which they contracted for in insuring the defendant. The court rules make trying a case incredibly expensive. It's easiest to pay now to close the file and stop paying defense costs. Then there is no risk to that adjuster that management will come asking questions down the road because a judgment goes south. The insurance carriers know that the system is slanted in favor of the plaintiffs. The Courts apply the law differently when it comes to insurance companies. Insurance contracts are so convoluted because every time they get sued, the courts find some tortured way to read the contract language to find coverage where none was intended or increase the limits beyond what was contemplated when establishing the premiums. As a result, the carriers have to re-write their policies to try to address each new court opinion, and over time the policy becomes long and incomprehensible gobbledygook.
I get it. I have been at the long conference table when the dead pilots' wives are being deposed, and the dead plaintiff's family is sitting there staring them down. It's not pretty. When the families file suit, it's not always just about the money. They are grieving and they are angry, and it's the only thing that they can do. They want answers, and they want some vindication that their loved ones were wronged. Ok, for the plaintiff's lawyers, it's about the money. But lawyers need to support their families, too.
You're mad that the lawsuits are already filed for the PC 12 accident even though the report hasn't come out? Well, the statute of limitations is ticking, and it might run before the report comes out. So, plaintiff's lawyers might as well file. What's the point of suing the estate? Well, probably that deceased pilot had insurance that will respond to the suit. So, there is probably a little pot of gold at the end of that rainbow and some plaintiff's law firm wants 40% of it.