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Loser pays or Goliath vs David

May 6, 2012

Loser pays or Goliath vs David


At this year’s New Hampshire legislative session there has been  an attempt to impose a loser pays provision for certain claims .This is not the first time this issue has surfaced. It sometimes has been debated  on the National Stage along with attempts to limit a persons right to damages from Catastrophic injuries caused by the negligent acts of another .Loser pays would impose legal fees by the prevailing party against the losing party .The rationale advanced is often, too many  frivolous lawsuits . The reality is it would put our legal system beyond the means of persons of modest means. The wealthy can afford legal representation and if they lose   ,so what. It’s only  money .  The threat of losing  would have a chilling effect on the rest of us even with meritorious claims .The solution already available would be to petition the Court early in the process to dismiss the lawsuit and if in the Court’s judgment the lawsuit is utterly lacking in merit then to assess costs and fees. The assessment of fees should not be done automatically .Someone always wins and someone always loses a lawsuit. It doesn’t mean because someone loses a lawsuit it is without merit . Loser pays puts the average person

at a disadvantage against Big Money .


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