Don’t scapegoat Illinois’ civil justice system

The following letter to the editor by ITLA President Timothy J. Cavanagh was published in the Chicago Sun-Times on Sunday, October 19, 2025.

Don't scapegoat Illinois' civil justice system

No one receiving financial compensation after filing a lawsuit as a result of medical malpractice or a catastrophic injury thinks they won the lottery. Those funds cover lost wages, pay for health care and provide a measure of justice for their suffering, but have no doubt they would have preferred to avoid the terrible event in the first place.

Monetary damages awarded by a judge or jury doesn’t reverse serious injury or death. They merely helps to support those who are harmed or their surviving family members, while holding accountable those responsible. Financial consequences for wrongdoing can also send a message that prevents the same act from repeating and hurting other people.

Calling such lawsuits “lottery tickets,” as Phil Melin did in his recent letter (Meritless lawsuits force ‘tort tax’ on all Illinoisians), is an insult to a person enduring years of pain or disfigurement due to another’s malfeasance or negligence. Someone who has buried a family member, been left paralyzed or spent their final days in physical agony following exposure to a toxic substance most definitely doesn’t feel like they hit the “jackpot.”

Furthermore, contrary to the contention that courts are clogged with meritless lawsuits,  the number of civil cases filed in our state has dropped 62 percent over the last decade. Meanwhile, the United States insurance industry made a record profit of $144 billion in 2024. If litigation were truly spiraling out of control, why are insurers making more money than ever? They rake in billions while they delay, underpay or deny legitimate claims, and then blame lawyers when injured people fight back.

The notion that personal injury lawsuits are driving up costs for everyone — a so-called “tort tax,” as Melin put it — is disinformation pushed by corporate front groups aiming to enable companies to avoid paying a price for hurting people. Their ultimate ambition is to stampede legislators or the courts into gutting the Illinois’ robust consumer and worker protections and limiting our constitutional rights.

We should celebrate, not scapegoat, Illinois’ civil justice system. It’s a model for the nation by providing protections to regular people that many states do not, leaving their residents vulnerable to predation and financial ruin.

Timothy J. Cavanagh, President
Illinois Trial Lawyers Association