The legal system is often as random and capricious as the very accident itself. The present tort system is fault-based and is vulnerable to the pressures of lawyers and patients who exploit subjective symptomatology for primary and secondary gain. Jury awards for noneconomic damages have little consistency and have produced astronomic awards for subjective pain and suffering. The surge in fraudulent claims exposes the weaknesses of the current system. This article is not intended to convey the notion that all cases of CPS in litigation are fraudulent, but rather suggests that unraveling this association is a formidable task that must be done owing to the huge economic burden to society. Prospective studies are urgently needed to more accurately define the natural history of individuals with CPS in litigation.