These arguments include the manner in which the system fuels litigation and otherwise often results in groundless or frivolous suits being brought by a plaintiff's counsel whose hope is to reach a favorable settlement with the client rather than to proceed to a trial on the merits. You've Been Sued, You've Lost Defendants experience a broad range of powerful emotions. These emotions run the gamut of fear, anger, and self-doubt. Once sued, defendants often feel that no matter what may happen, they have already lost. The psychology affecting the players in the drama of a lawsuit actually can have a greater effect on the ultimate outcome of the lawsuit than the actual facts.
Defendants are at a considerable psychological disadvantage.
Experienced plaintiff's attorneys know this and know how to exploit this to the benefit of the plaintiff. In contrast, the defendant may feel as if he or she is carrying the full weight of the U.S. legal system on his or her back. Often, being sued is a major life event that the defendant wants to bring to an end at the earliest possible moment. Imagine a scenario wherein a defendant is found not liable five years after the initial complaint was filed and after spending hundreds of thousands of dollars in legal fees. In the interim, the defendant has had many sleepless nights and has suffered tremendously both in terms of anxiety and inconvenience.