Our legions of lawyers have had no measurable impact at all on the hard statistics of injury rates and life expectancy. Plaintiffs are losing more often. Plaintiffs are winning more often, too, as the volume of claims balloons. Yesterday, one plaintiff won and one lost. Today, two win and three lose.
Liability works that way, too.
Insurance rates are based on total payouts, not batting averages. Overall, more plaintiffs are collecting more money through the liability system than ever before. Median awards are falling. But the average is what counts. The average, multiplied by how often it is likely to be paid, is what determines the price of an insurance policy.