Celebrating 10 years! 2007-2017

Most Plaintiff friendly and Defense friendly states based on the law.

For example, some states cap punitive damages at below $500, vespucius01/28/17
Massachusetts and Rhode Island law are very Plaintiff friend bostonlawyer.201/29/17
I'd agree with bostonlawyer, except provide further that RI jd4hire01/30/17
Rank of most Plaintiff friendly states where I am licensed ( mississippilawyer01/30/17
I would not put Alabama high on a national scale. Our PI africaorbroke01/31/17
Comparative negligence does not reduce recoveries in breach bostonlawyer.202/01/17
A rule of thumb I have always heard is that liberal/blue sta flharfh01/30/17
I'm licensed in California and I can tell you that in terms ambulancechaser201301/30/17
It varies massively county by county in California. Some cou guyingorillasuit01/31/17
Kentucky is very Plaintiff friendly, especially eastern Kent t3success01/30/17
Northern states are not as friendly as southern ones as I re orgdonor01/31/17
I wouldn't consider Massachusetts particularly plaintiff fri therover01/31/17
Illinois. Cook, Madison, and St. Clair counties are notoriou mrtor02/01/17
This. I agree on Howell. What is billed versus what the he ambulancechaser201302/01/17
Though Howell does allow to present evidence and get full va ambulancechaser201302/01/17
vespucius (Jan 28, 2017 - 11:05 pm)

For example, some states cap punitive damages at below $500,000.00, adhere to archaic privity requirements, do not provide for strong consumer protection, and some even adhere to contributory negligence standards.

Besides plaintiff or defense friendly jury considerations, which state laws are actually stifling litigation or promoting more litigation based on the law?

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bostonlawyer.2 (Jan 29, 2017 - 10:56 pm)

Massachusetts and Rhode Island law are very Plaintiff friendly.

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jd4hire (Jan 30, 2017 - 1:34 pm)

I'd agree with bostonlawyer, except provide further that RI is much more plaintiffs friendly than MA. RI has $250,000 minimum wrongful death recovery, has a judicially crafted Assermely rule that allows plaintiffs to put a carrier on the hook for a judgment above policy limits if they did not settle within the policy limits when demanded, uses pure comparative (MA is modified comparative barring plaintiff if 51% negligent), has strong prejudgment interest that attaches on the date of loss (except in med mal matters), and dispositive motions are next to impossible to obtain.

The Supreme Court has utilized legal gymnastics to come to some odd conclusions as to interest/ statute of limitations for UM/UIM matters as well. And the RI General Assembly consists largely of plaintiff attorneys who help themselves along the way.

Between pre-judgment interest and the Assermely rule, it incentivizes plaintiff attorneys to sit idle for three years collecting interest, then file suit and immediately follow up with an Assermely demand.

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mississippilawyer (Jan 30, 2017 - 5:55 pm)

Rank of most Plaintiff friendly states where I am licensed (best to worst):

1. Louisiana - far and away the best
2. Georgia
3. Alabama
4. Tennessee
5. Mississippi

TN and MS suck. AL is still OK. Was much better 25 years ago. LA is great, but there is a one year prescription/SOL period and you have fact based pleading (not notice pleading). Georgia, in some venues, can be really good.

Mississippi used to be great before the Plaintiff bar screwed it up and got greedy with asbestos, mass tort (diet drug litigation) and abused the Rule 20 joinder rule leading to sweeping legislation that limits non-economic damages to $1 million regardless of injury (which is terribly unfair for catastrophic injury claimants), and a whole host of reforms that makes it very difficult for a Plaintiff to recover. Haley Barbour and Karl Rove worked to undo everything. And they did a pretty good job of instituting laws and rules that screw over injured Plaintiffs. And the MS Supreme Court is very conservative. Sucks to be a Plaintiff in Mississippi.

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africaorbroke (Jan 31, 2017 - 10:52 pm)

I would not put Alabama high on a national scale.

Our PI laws have constricted along with the rise of red in the state legislature.

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bostonlawyer.2 (Feb 1, 2017 - 5:25 pm)

Comparative negligence does not reduce recoveries in breach of warranty cases.

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flharfh (Jan 30, 2017 - 6:14 pm)

A rule of thumb I have always heard is that liberal/blue states tend to be Plaintiff friendly and red states not so much, what with tort reform and such. Of course there are probably lots of exceptions, but Illinois, for example, is notoriously plaintiff friendly.

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ambulancechaser2013 (Jan 30, 2017 - 6:48 pm)

I'm licensed in California and I can tell you that in terms of employment law, California has to be one of the most favorable states on the plaintiffs' employment law side.

In terms of tort law, I think CA is so so, the Cal Supremes are not very tort-friendly in insurance coverage cases like let's say the West Virginia Supreme Court was in the 1980s and 1990s. Remember, you cannot totally hose down the business community in a state with an economy like California. But, in Employment law, if you know what you are doing (i.e. you know how to litigate), have a half-way decent case and some cash to litigate you can turn a steady profit. My view is you can turn a molehill into a mountain in Los Angeles Superior Court in employment law cases.

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guyingorillasuit (Jan 31, 2017 - 6:47 pm)

It varies massively county by county in California. Some counties are a lot more conservative than others.

Also, California has some case law that is very unfriendly to plaintiffs with medical damages, such as Howell and its progeny.

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t3success (Jan 30, 2017 - 8:24 pm)

Kentucky is very Plaintiff friendly, especially eastern Kentucky.

Ohio is Defense friendly since the mid 2000s tort reform.

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orgdonor (Jan 31, 2017 - 11:00 am)

Northern states are not as friendly as southern ones as I recall.

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therover (Jan 31, 2017 - 5:06 pm)

I wouldn't consider Massachusetts particularly plaintiff friendly. Juries are not particularly generous in many counties.

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mrtor (Feb 1, 2017 - 10:50 am)

Illinois. Cook, Madison, and St. Clair counties are notorious litigation hubs due to their jury awards. We also have an overly generous workers' compensation system which is finally on the cusp of reform.

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ambulancechaser2013 (Feb 1, 2017 - 11:43 am)

This. I agree on Howell. What is billed versus what the health insurer actually paid for the specials.

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ambulancechaser2013 (Feb 1, 2017 - 12:00 pm)

Though Howell does allow to present evidence and get full value for non-contractual and gratuitous write offs. Also the lien doctors are not impacted by Howell, only the health insurance covered bills.

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