I'm not going to allow this to consume my day. Insurance companies and other industries have spent decades on anti-lawsuit, anti-lawyer propaganda, with great success. If you don't believe me, ask yourself how you feel about the McDonalds "hot coffee" case. Then, spend some time learning about what really happened.
As to the question regarding only recouping 60% of your damages, what's your solution friend? I'd love to hear it.
And the comment about profiting off of misfortune, let me make this very clear: if I could flip a switch and end the types of injuries I deal with, I would. I'd happily go do something else. I'm sure if you asked an oncologist, who is literally making his living off of cancer, he'd tell you the same thing.