I think this raises a lot of good points, that the thesis is overall quite possible, but the post underestimates the costs of being sued.
You imply the cap on damages is essentially 25% of your wages, but that’s if you don’t have money to pay the judgment. If you do, that money goes away (which makes lawsuits more costly for wealthier people).
Maybe you think you’ll just be able to make more money, but not everyone has that ability or confidence therein.
You have to pay your lawyers, potentially a lot, even if you win.
The time costs if the case goes to trial are huge.
You may have to turn over some, perhaps all, of your communication records, exposing large parts of your life that have nothing to do with the legal question. Maybe your friends and family are questions by lawyers. Maybe the lawyers take that opportunity to insinuate a bunch of things about you to your friends and family that would never be admissible in court.
It’s stressful.
If you’re sued in a professional capacity, the lawsuit may be a stain on your ability to work in the future. Why see a doctor who’s been sued once when you could see one who hasn’t? (I think readers here would answer “because they’re willing to take risks”, but most people won’t see it that way).
I don’t know what the magnitude of risk is, and plausibly it’s small enough that we should still update downward. But I think the worst case scenario is quite a bit worse than you describe here.
I think this raises a lot of good points, that the thesis is overall quite possible, but the post underestimates the costs of being sued.
You imply the cap on damages is essentially 25% of your wages, but that’s if you don’t have money to pay the judgment. If you do, that money goes away (which makes lawsuits more costly for wealthier people).
Maybe you think you’ll just be able to make more money, but not everyone has that ability or confidence therein.
You have to pay your lawyers, potentially a lot, even if you win.
The time costs if the case goes to trial are huge.
You may have to turn over some, perhaps all, of your communication records, exposing large parts of your life that have nothing to do with the legal question. Maybe your friends and family are questions by lawyers. Maybe the lawyers take that opportunity to insinuate a bunch of things about you to your friends and family that would never be admissible in court.
It’s stressful.
If you’re sued in a professional capacity, the lawsuit may be a stain on your ability to work in the future. Why see a doctor who’s been sued once when you could see one who hasn’t? (I think readers here would answer “because they’re willing to take risks”, but most people won’t see it that way).
I don’t know what the magnitude of risk is, and plausibly it’s small enough that we should still update downward. But I think the worst case scenario is quite a bit worse than you describe here.
And don’t forget: all this article + discussion, seems to only apply to civil law. In criminal law, you go to jail, which does pose lots of risks.
It doesn’t cover health risks either, I think that’s just the scope of the post.
Ah, yeah probably makes sense. (And to be fair, I didn’t guess many LWers were considering taking criminal-case-level risks).