In this country, I can see “loser pays” working against you. If you rightfully sue Rich and Powerful Guy, and it’s his team of Johnny Cochrans against your one Podunk lawyer, you might lose, even if you’re in the right. It’s a big risk.
No. In major liability lawsuits lawyers work on a contingency. If you have a good case then very high priced lawyers will be willing to work for you for nothing until the case is settled. Also under loser pays the lawyers will still want the good cases badly enough that they will be willing to take the risk and contractually agree to absorb the costs if they lose.
I disagree. I believe it would weed out the stupid lawsuits and the suits filed would have more merit and a chance to suceed.
And Rich and Powerful Guy would still be inclined to settle, maybe more so since under loser pays the idea that they just settle (which is what most stupid lawsuits really want) for “nuisance” would be diminished.
And I doubt loser pays stops the crazy juries from awarding massive payouts. I think serious cases wouldn’t be effected much.
I do see your point. It might hamper the good cases at first.