Damages should be actual damages though. The way things are in the US, people regard it as winning the jackpot.
Additionally, making it so that you always have to pay the lawyer a) discourages lawyers from just throwing around lawsuits to see if anything sticks b) discourages people from suing unless they have an actual case they can win.
Take this example about some guy 'representing' disabled people and making ADA claims. 25K per person is a number based on jack shit because a) those people were not actually users of the website, and b) they didn't have actual damages.