09/24/2026
You Don’t Have to Lose a Lawsuit for It to Cost You Everything!
A recent Fox News opinion article by author and legal commentator Horace Cooper highlights the growing financial impact of litigation in America.
According to figures cited in the article, U.S. tort costs reached approximately $529 billion in 2022 and could approach $1 trillion by 2030. The resulting burden may add as much as $6,000 per year to the average American household’s expenses.
The article also reinforces an important point: litigation risk is not limited to people who believe they have done something wrong.
A lawsuit can arise from an accident, business relationship, professional service, employment dispute, real estate investment, or personal guarantee. Even when a claim is defensible, the cost of defending it can create significant financial pressure and prolonged uncertainty.
That is why proactive asset-protection planning matters.
When properly structured, and completed well before a claim is known or reasonably foreseeable, asset protection may reduce the nonexempt personal assets available to satisfy a future judgment. Depending on the circumstances, available insurance coverage may become the principal practical source of recovery.
This can change the economics of litigation. It may discourage speculative claims, reduce the leverage created by threats against personal wealth, and encourage more realistic settlement discussions, potentially within available insurance limits. When the prospects for recovery are limited, a plaintiff or contingency-fee attorney may even reconsider whether pursuing the lawsuit makes financial sense.
Asset protection is not about hiding assets, evading existing creditors, or avoiding legitimate obligations. Improper transfers can be challenged and reversed, and no strategy can guarantee that a lawsuit will not be filed.
Lawful planning may include:
✅ Separating personal and business liabilities
✅ Properly structuring and maintaining legal entities
✅ Coordinating legal structures with liability and umbrella insurance
✅ Reviewing how valuable or higher-risk assets are owned
✅ Avoiding unnecessary personal guarantees
✅ Integrating asset protection with estate and business planning
Timing is critical. Once an accident, demand, default, or lawsuit occurs, many planning options may be limited or unavailable.
Don’t wait until a potential claimant becomes an actual creditor. Protect what you have built while you still have the opportunity to plan.
Credit: Horace Cooper, “Lawsuits cost every American household thousands of dollars. Supreme Court can help,” Fox News, September 24, 2026.