But aren’t people running to court all the time and filing frivolous lawsuits in hopes of winning a “jackpot”?

No. Contrary to popular myth, few injured Americans file lawsuits. A Rand Institute for Civil Justice analysis of how many injured people file lawsuits found that only 10 percent of injured Americans even file a claim for compensation, which includes informal demands and insurance claims. Only two percent file lawsuits. Medical malpractice cases are even more expensive and difficult to pursue. Even Victor Schwartz of the American Tort Reform Association has said, “It is ‘rare or unusual’ for a plaintiff lawyer to bring a frivolous malpractice suit because they are too expensive to bring.” (Mark A. Hofmann, “White House open to medical liability changes,” Business Insurance, January 30, 2011.)

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