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“Exploding” tort litigation is overhyped

A significant body of empirical evidence shows the “exploding” tort cases are actually declining. Very few who are injured actually sue and of the few who do file cases, very few end up in court. According to data from Court Statistics Project, the State Justice Institute, and the Bureau of Justice Statistics from the Department of Justice, tort filings have been declining since 1990.

On the other hand, contract suits, usually between business are increasing. In 2004, tort cases accounted for only 5% of general civil cases in unified courts in six states reporting while contract cases comprised 27%. Moreover, only 4% of the tort cases were for medical malpractice lawsuits.

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