However, when the question in that study was slightly reworded—“If you sue someone and you lose the case, should you pay his costs?”— only 44 percent of people said yes. Imagining yourself in the role of the person who sued and lost brings to mind alternate arguments. For example, you might have lost simply because the other side is wealthy and can afford better lawyers. It’s not fair to discourage victims from suing just because they can’t afford to lose, right?
