80 plus pages of fuzzy math, tall tales, and public relations gimmicks is the best way to describe the latest Pacific Research Institute's U.S. Tort Liability Index 2008 Report. The report begins with a quote by Lord Kelvin, the renowned physicist and mathematician:
"When you can measure what you are speaking about, and express it in numbers, you know something about it."
There is a lot of truth to this statement, but I don't think Lord Kelvin meant numbers pulled from thin air that have no relation to the tort system. We could spend all day debunking the wild claims from this report. But like Lord Kelvin says express it in numbers. So here are some real numbers:
- Tort filings have steadily declined since 1990.
- The overall median damage award in tort jury trials is declining.
- Only 2 percent of seriously injured Americans ever file a lawsuit.
- 22 percent of “tort costs” that PRI cites are insurance industry “administrative expenses,” like salaries of executives, rent and utilities for insurance company headquarters, and advertising.




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