Injured parties weigh a threshold choice between inaction and pursuing a formal claim.

Evidence

Suppose you buy a car that fails to perform to your expectations. You can respond to the situation in several ways. You might do nothing, perhaps justifying your inaction by arguing that everyone gets stuck once in a while (“lwmpingsit) You might also resolve never to purchase another car from that dealer or that manufacturer. — G. Alan Tarr, Judicial Process and Judicial…, 2180

Categorization

• SEED: Angle: the hidden ‘decision to do nothing’ as the real bottleneck of the civil justice system — most disputes never reach court.
• XREF: connects to: Injuries become grievances only when the injured party perceives blame. — G. Alan Tarr, Judicial Process and Judicial…, 2173; Whether courts address problems at the opportune time is largely a matter of chance — G. Alan Tarr, Judicial Process and Judicial…, 2852; Deliberate opaqueness in dispute resolution discourages parties from litigating to judgment. — Lisa Bernestein, Opting out of the Legal System, 88 (+12 more)

Broader Connections

• A pending lawsuit can pressure Congress into passing reparations as a settlement. #responds-to (0.95) — Dorothy A. Brown, Getting to Reparations, 216
• Litigants shift between courts and legislatures depending on their expected chances #responds-to (0.95) — G. Alan Tarr, Judicial Process and Judicial…, 3143
• Civil plaintiffs need only show a claim is more likely true than not. #responds-to (0.95) — , Harr Jonathan - A Civil Action, 1301
• Statutes of limitations may be tolled by late discovery of injury #expands (0.90) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 977
• Whether courts address problems at the opportune time is largely a matter of chance #complicates (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 2852
• Litigated cases self-select to those where both sides have plausible legal arguments #qualifies (0.85) — Frederick Schauer, Thinking Like a Lawyer, 253
• Stigma itself constitutes an injury distinct from material loss #expands (0.85) — Dorothy A. Brown, Getting to Reparations, 204
• Deliberate opaqueness in dispute resolution discourages parties from litigating to judgment. #complicates (0.80) — Lisa Bernestein, Opting out of the Legal System, 88
• An arbitrary verdict date can disqualify most of the victims’ claims #complicates (0.80) — , Harr Jonathan - A Civil Action, 2417
• Requiring proof of negligence shifted accident losses onto injured plaintiffs. #complicates (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 3405
• Contingency work clusters in personal-injury cases where liability is likely but damages uncertain. #complicates (0.75) — G. Alan Tarr, Judicial Process and Judicial…, 1147
• Contingency fees make personal injury the main exception to one-shotters avoiding litigation #complicates (0.75) — G. Alan Tarr, Judicial Process and Judicial…, 1114
• Trivial threshold changes can slash a case population while barely losing real disputes #complicates (0.75) — Gary Goertz, Social Science Concepts, 1492
• Industries dispute harm by fabricating controversy and manipulating evidence thresholds #complicates (0.75) — Albert Bandura, Moral Disengagement, 1620