Why has the tort system been described as expensive and slow for injured victims?

The tort system is frequently criticized for being inefficient, expensive, and dilatory, leading some observers to characterize it as a "forensic lottery." Several factors contribute to these issues:1

• High Administrative Costs: The system is costly to operate. For example, historical data from England’s Royal Commission on Civil Liability and Compensation for Personal Injury estimated that it cost 85 pence in administrative expenses to award £1 of net benefits to a victim.1
• Strategic Delays: The process often favors wealthy defendants, such as insurance companies. These entities may utilize in-house legal counsel to intentionally delay payments, hoping to wear down plaintiffs and pressure them into accepting a low settlement.1
• Procedural Complexity: Success in the tort system is often capricious, as it depends on the ability to secure a skilled lawyer, locate credible witnesses, and identify a liable wrongdoer.1
• Legal Fees: Bringing a lawsuit involves significant expenses, primarily consisting of lawyers' fees. While some systems allow for the recovery of these costs, the financial burden and the risk of litigation can deter victims from pursuing meritorious claims.2