Bureau of Justice Statistics Study Offers Some Interesting (and Possibly Unexpected) Findings.
Although our concentration is on attorney’s fees award, we sometimes digress to report on studies relating to the general civil litigation sector. Now is the time to discuss a recent study that has some results that may be surprising in many respects.
The Bureau of Justice Statistics has issued a recent report, “Civil Bench and Jury Trials in State Courts, 2005,” based on a national study of civil litigation trends in the 75 most populous counties from 1992 to 2005 and analysis of civil tort, contract, and real property verdicts/decisions in a national sample of jurisdictions in 2005.
Here are the highlights—some of which buck conventional wisdom or lore:
· In 2005, plaintiffs won 56% of all general civil trials concluded in state courts. In tort cases, plaintiffs were most likely to prevail in lawsuits involving an animal attack (75%), followed by auto accident (64%), asbestos (55%), and intentional torts (52%). Plaintiffs had the lowest win rates in medical malpractice trials (23%), product liability trials not involving asbestos (20%), and false arrest/imprisonment trials (16%).
· Plaintiffs were significantly more likely to win in a bench trial; they won 68% of bench trials and 54% of jury trials.
· Among all plaintiff winners, the median final award was $28,000, with contract cases having higher median awards ($35,000) than tort cases ($24,000). Only about 4% of victorious plaintiffs received awards above $1 million.
· Plaintiffs winning their cases were awarded punitive damages in close to 5% of the cases, with the median punitive damages award being $64,000.
· The total number of civil trials in the nation’s 75 most populous counties declined by 52% from 1992 to 2005. Tort cases decreased the least (40%), while real property (77%) and contract (63%) cases registered the largest dips.
· Overall, median damage awards are on the decline in the most populous counties—except in products liability and medical malpractice cases. From 1992-2005, the inflation-adjusted median damages award decreased by 40%, from $72,000 in the previous large-county study to $43,000 in 2005. This drop was largely caused by a decrease in the median award for auto accidents, which dropped from $41,000 in 1992 to $17,000 in 2005. However, products liability plaintiffs in 2005 received a median award of $749,000, five times higher than in 1992, and medical malpractice plaintiffs received a median award of $682,000 in 2005, nearly 2.5 times as much as the median ($280,000) in 1992.
· Of the cases making it to trial, 61% involved tort claims, with auto accidents being the most frequent matter being tried. The median final award in auto cases was around $15,000.
For those of you wanting to obtain this report, you can order by going to the U.S. Department of Justice website by clicking here.