One of the major failings of our tort system is that such judgments are not automatic. It's up to the discretion of the judge, and I believe the jursidiction's rules, which in my view is inadequate deterrence to frivolous lawsuits.
In the British (and Canadian) legal system, ANY defendant in ANY lawsuit can at the time of judgment petition the court for the plaintiff to pay costs, and it is routinely petitioned and routinely ordered. By costs, that means not just the legal costs of the defendant, but all court costs as well.
At present, American ambulance-chasers are able to bottom-feed without any real penalty for their borderline unethical actions. They have the prospect of a windfall share of any award, and no penalty if the suit fails. This changes in a big damn hurry when the plaintiff faces the prospect of being bankrupted for bringing the lawsuit to begin with.
