Economic Crisis: Are People Looking For Lawsuits?

Pete Mackey
Attorney
(866) 735-1102 Ext 675
Posted by Pete MackeyMarch 17, 2009 9:03 AM

My wife and I were at a party Saturday night and the conversation turned to ... what else? The economy. The couple I was speaking with were worried, like everyone should be, about where things are heading. One asked whether I have seen more people wanting to file lawsuits in the last six months. I told her that it would only make sense that this market would heighten someone's sense of being wronged and the need for recompense. But I knew that she was really talking about "frivolous claims," the kind that they believe are choking the system. We agreed that if someone was prone to file a frivolous claim a year ago, they would surely be at least as prone to do so today.

As our conversation continued, it came out that their news came from one place - Fox. It was from this source that they reached their initial conclusion. I opined that there is probably data to support that conclusion, but not as they envision it. Collections agencies are quicker to file lawsuits on unpaid medical and consumer bills, more and more people are filing for bankruptcy when they lose their jobs, lending institutions have a hair trigger for instituting mortgage foreclosures and, yes, people are probably more prone to file lawsuits today.

But the real issue is - why? Is the financial crisis turning consumers into a bunch of whiners who want something for nothing? Common sense would suggest otherwise. It only makes sense that businesses feeling the crunch will be more likely to skirt the law in an effort to protect their bottom lines. Insurance companies will deny claims that they would have honored a year ago. More companies will fire older, higher paid workers in violation of age discrimination laws. Banks will breach credit agreements that they would not in happier times. Scammers, be they individuals or companies, will be scammers.

Most prospective clients that we talk to feel compelled to tells us in the initial interview that they are not "the type to file a lawsuit." We always let them know that we would not represent them if we thought so - judges and juries give awards to those that they believe deserve them. Perhaps the moral in this story is that forming an opinion based only on one source may result in an opinion that is not exactly fair and balanced.

6 Comments

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Mike BryantInjuryBoard Attorney Member
Posted by Mike Bryant
March 17, 2009 9:20 AM

Very good point. I also talk about how , since this is the way I make money and we front the costs, we are even less likely to get into anything risky in this day and age. As you say they often aren't getting the whole picture.

IKE DEVJI, J.D.
Posted by IKE DEVJI, J.D.
March 17, 2009 5:36 PM

I’m an attorney that works exclusively in the area of helping people be immune from frivolous lawsuits, Asset Protection. As such my firm tracks these issues closely and what we have always seen and continue to see now is that in times of crisis lawsuits (and threats of lawsuits resulting in settlements) do actually increase as people look for alternate sources of income. This rise is accompanied by increased personal injury law advertising, more bogus claims of every type including personal injury, employment discrimination and harassment and we are even starting to hear about an increase in staged accidents in major urban areas. God forbid you have to lay someone off due to present economic realities. To you it will be business, to the person laid off it will be personal and there are plenty of attorneys out there looking for business, even contingency business. I’ve warned all our thousands of MD clients to do some serious house keeping and update all employee manuals, insurance polices and procedures, as the risk is much higher now than in times of prosperity. In some cases it will be greed that drives the suits, in others it will be necessity,

Pete MackeyInjuryBoard Attorney Member
Posted by Pete Mackey
March 17, 2009 9:46 PM

Thanks for your reply, Ike. I agree with you. Everyone should be shed of frivolous lawsuits. That said, I am not clear on what you do. How do you help clients "be immune from frivolous lawsuits?"

More to the point, your post does not address the main point of my post. Are the clients you represent posing frivolous defenses? If so, are you even in a position to know? I look forward to your response.

Darren WilsonInjuryBoard Staff
Posted by Darren Wilson
March 18, 2009 5:50 PM

Dear Ike Devji, J.D.,

Thanks for your comments. It's this kind of discussion we need to have, and I am really glad to see "the other side" weighing in here.

I have no doubt that in some instances, a few people have reached a level of financial desperation in this collapsing economy that they've decided to commit insurance fraud. Similarly, a lot of places are seeing a slight increase in petty theft, auto burglaries, and some more serious crimes as well. Insurance fraud is a crime just like these other crimes. Bereft of assets, income, and opportunities for work, how far would you and I go to put food on our family table? Let's hope we never have to answer that question.

I believe, however, that what AIG and its coconspirators have done to the nation's economy to line their pockets with billions over the past few years is a hienous crime that dwarfs all the petty crime and insurance fraud in history. Insurance Fraud? Selling non-existent insurance coverage for trillions in debt that the firm could never cover sounds far more fradulent to me.

I also have seen some really ridiculous lawyer advertising that I think may be helping perpetuate the myth that lawsuits are "easy money" and some sort of lottery. (Parking a wrecked car in lake with your firm name all over it at the state fair comes to mind). If the lawyers are "staging an accident," what kind of ideas is it giving fairgoers?

However, I am also seeing a lot of non-lawyer, medically-driven "in a wreck, get your check" advertising that is done by doctors, pain clinics, chiros, etc. I'd say that on average in my market their ads are "worse" (in terms of creating this negative impression and stoking greed) than the lawyers ads in my market.

I am sure the medical clients you have aren't the PIP flippers, bogus treatment purveyors, and pain pill pushers that I am talking about.

HOWEVER - let's not confuse CAUSATION with CORRELATION. I am sure you know the difference.

I believe that the primary reason most people file lawsuits for injuries is t recover, or cover, medical costs. Studies estimate that 3/5, or 60% of American families file bankruptcy because of overwhelming medical bills:

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Tens of millions of Americans (also about 60% of them, but falling rapidly of late) get their health insurance through their employers. Unemployment has risen to over 8% nationwide, and is much higher in some places.

So yes, I think there is probably a correlation between (legitimate) personal injury suits filed and the state of the economy and employment in this nation (caused, in part and ironically, insurance companies), but I think that's it's not because people are seeking "alternate (sic) sources of income" as you suggest.

As you've tracked this subject closely, have you weighed these factors in your analysis, and if so, what is your opinion as to how they account for a rise in suits filed, as you suggest (which I am not sure is the case as suits and damages awarded have been declining for many years, but let's say it is for now).

Curtis Sellers
Posted by Curtis Sellers
April 13, 2009 3:22 AM

I was wondering about this too. I have lost my job due to the "worldwide economic crises" as have millions of others. I am an expert in my field and was fairly compensated at around 100K per year. It took me 20+ years to get there.

Now I am out of a job and my investments have been slaughtered on top of that. I estimate that I have been damaged to the tune of 500K. Many others in my family and around the world have lost much more. Economic warfare has been persecuted on the average hardworking citizen.

Why hasn't anyone started a lawsuit on behalf of myself and millions of others like me? Why would that be considered frivilous?

Instead we are rewarding the criminals with bailouts that will place additional economic hardship on us all for generations to come.

I am at the point where my anger has disabled me.
I am on the precipice looking down at my financial destruction while the criminals that caused this and profited wildly from their frauds and gambling schemes (30-1 odds that housing will rise to infinity and beyond)are laughing all the way to the bank. Heck, the bigger the fraud the bigger the bonus check too!

This country has become a cesspool of greed and rewards incompetence and criminal behavior. Why shouldn't I start a class action lawsuit and claim disabilty? Who has been held accountable for their actions? The Banks who made those bets and the companies who "insured" them should be forced to pay back the trillions they have stolen from us.

I look forward to your comments and opinions.

Ike Devji, J.D.
Posted by Ike Devji, J.D.
April 16, 2009 1:16 PM

Gentlemen - first thanks for you thoughtful and civilized questions and responses. I in no way infer that all suits are bad - just that lawsuits as a tool, are continually misused as an income source by both plaintiffs and those that represent them.

As an attorney I see great value in the legal system as a tool to redress harm and provide some form of equitable justice. The author asked the question, "Is the financial crisis turning consumers into a bunch of whiners who want something for nothing?" Our experience says YES, and that many of them were already in that position, now they feel even more justified in their questionable actions.

How do we stop this? By implementing legal tools that put Assets out of the reach of predators in a safe legal and tax neutral way before the crisis arises. We limit the collectibles of those we serve to limits of the insurance in place so that plaintiffs are not tempted to reach over that amount for the client's personal assets.

It's amazing how settlement within the policy limits becomes quickly "equitable and acceptable" when it is discovered that there is nothing else to take.

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