Tort Liability Litigation Costs for Commercial Claims

Joni Hersch and W Viscusi

American Law and Economics Review, 2007, vol. 9, issue 2, 330-369

Abstract: This article analyzes tort liability litigation costs using the Texas Department of Insurance Commercial Liability Insurance Closed Claim database for the years 1988–2004. Insurer costs to defend claims in which a suit was filed average $35,000 per claim in 2004$, which corresponds to a share of 0.18 of total expenditures. Claims with higher stakes and complexity lead to greater reliance on outside counsel and less reliance on in-house counsel. Total transactions costs for each dollar received by claimants average $0.75 for all claims and $0.83 for claims in which the claimant retained an attorney and a suit was filed. Copyright 2007, Oxford University Press.

Date: 2007
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