BJS home page

Courts and Sentencing --
· Pretrial release & detention
· Criminal case processing
· Criminal sentencing
> Civil justice
· Court organization
· Indigent defense

Civil Justice Statistics

Summary findings | BJS publications | Related sites

Summary findings

State courts | Federal courts

State courts

The number of tort cases filed in 15 states increased by 19% from 1985-2003

Click on the chart to view full sized version.

In 2005 there were an estimated 26,950 tort, contract, and real property trials in state courts of general jurisdiction nationwide.

During 2005, juries decided 68% (18,404) of the nearly 27,000 civil trial cases disposed of by state courts of general jurisdiction nationwide.

-- Tort cases (90%) were more likely than contract cases (36%) or real property cases (26%) to be decided by jury trial.
-- In 76% of jury trials, individuals sued other individuals or businesses.
-- In 54% of jury trials, the jury found in favor of the plaintiff.
-- The median total award for a plaintiff winner in jury trials was $30,500.
-- In 6.3% of jury trials, the plaintiff winner was awarded $1 million or more in compensatory and punitive damages.

During 2005, judges decided 32% (8,543) of the nearly 27,000 civil trials disposed of by state courts of general jurisdiction nationwide.

-- The majority of contract cases (64%) and real property cases (74%) were disposed by bench trial.
-- In 35% of bench trials, businesses sued other businesses or individuals.
-- Plaintiffs won in 68% of bench trials.
-- The median total award for a plaintiff winner was $24,000.
-- In 1.6% of bench trials, the plaintiff winner was awarded $1 million or more in compensatory and punitive damages.

Federal courts

704

Click on the chart to view full sized version.

Of the 98,786 tort cases that were terminated in U.S. district courts during fiscal years 2002 and 2003, 1,647 or 2% were decided by a bench or jury trial.

• The total number of tort cases - including settlements, dismissals, and verdicts - concluded in U.S. district courts has varied widely throughout the 1990's and early 2000's. The changes in federal tort caseloads reflect the strong influence of product liability cases.
• After reaching a peak of 3,600 trials in 1985, the number of tort cases concluded by bench or jury trial has declined by nearly 80%.
• The percentage of tort cases concluded by trial in U.S. district courts has also declined from 10% in the early 1970s to 2% in 2003.
• From 1990 to 2003, the number of non-asbestos product liability trials concluded in U.S. district courts has declined by about two-thirds from 279 to 87 trials. During this period, plaintiffs prevailed in nearly a third of non-asbestos product liability trials.
• Motor vehicle claims comprised 20% of tort trials, product liability 13%, and medical malpractice 10%.
• Diversity of jurisdiction was the jurisdictional basis for nearly two-thirds of tort trials concluded in U.S. district courts in 2002 - 2003.
• A judge or jury found for the plaintiff in about half of tort trials concluded in U.S. district courts during 2002- 2003.
• Plaintiffs prevailed less frequently in trials involving medical malpractice (37%) or product liability (34%) issues compared to motor vehicle accident cases (57%).
• Plaintiffs who prevailed in tort trials concluded in 2002-2003 received an estimated median damage award of $201,000.
• The tort case categories with the highest estimated median damage awards included medical malpractice ($600,000) and product liability ($350,000) cases.
• Juries decided 71% of tort cases brought to trial. Plaintiffs won more often in judge compared to jury trials.

To the top

BJS Publications

This list is in order of the most recent publication first. Additional titles are listed on other topical pages and a comprehensive list is contained on the BJS publications page. To see a full abstract of a publication with links to electronic versions of the publication, click on the title below.

Civil Bench and Jury Trials in State Courts, 2005, 10/08. Discusses general civil cases (tort, contract, and real property) concluded by a bench or jury trial in a national sample of jurisdictions in 2005. NCJ 223851

Civil Rights Complaints in U.S. District Courts, 2000, 7/02. NCJ 193979
Civil Rights Complaints in U.S. District Courts, 1990-98, 1/00. NCJ 173427
Tables from this report have been updated through 2000.

Medical Malpractice Insurance Claims in Seven States, 2000-2004, 3/07. Focuses on medical malpractice claims that were closed in the states of Florida, Illinois, Maine, Massachusetts, Missouri, Nevada, and Texas from 2000 to 2004. NCJ 216339

Appeals from General Civil Trials in 46 Large Counties, 2001-2005, 7/06. Presents information on general civil cases concluded by bench or jury trial in 2001 that were subsequently appealed to a state’s intermediate appellate court or court of last resort. NCJ 212979

Federal Tort Trials and Verdicts, 2002-03, 8/05. Presents findings on jury and bench tort trials concluded in federal district courts during fiscal years 2002-03. NCJ 208713

Federal Tort Trials and Verdicts, 1996-97, 2/99. NCJ 172855

Federal Tort Trials and Verdicts, 1994-95, 12/97 NCJ 165810

Punitive Damage Awards in Large Counties, 2001, 03/05. Presents findings on civil trials concluded in 2001 in the nation's 75 largest counties that produced a punitive damage award. NCJ 208445

Contract Trials and Verdicts in Large Counties, 2001, 2/05. Presents findings on contract cases disposed by jury or bench trials in 2001 in the nation's 75 largest counties. NCJ 207388

Contract Trials and Verdicts in Large Counties, 1996, 4/00. NCJ 179451.
Contract Cases in Large Counties: Civil Justice Survey of State Courts, 1992, 2/96. NCJ 156664.

Tort Trials and Verdicts in Large Counties, 2001, 11/04. Provides findings about tort cases disposed of by jury and bench trial in general jurisdiction courts in the nation's 75 largest counties during 2001. NCJ 206240

Tort Trials and Verdicts in Large Counties, 1996, 8/00. NCJ 179769

Intellectual Property Theft, 10/04. Presents statistics on both criminal and civil enforcement of federal intellectual property laws for 1994-2002. NCJ 205800

Civil Trial Cases and Verdicts in Large Counties, 2001, 04/04. Presents findings on tort, contract, and real property cases disposed by jury or bench trial in 2001 in the nation's 75 largest counties. NCJ 202803

Civil Trial Cases and Verdicts in Large Counties, 1996, 9/99. NCJ 173426

Medical Malpractice Trials and Verdicts in Large Counties, 2001, 04/04. Presents findings on medical malpractice cases disposed of by jury and bench trial in general jurisdiction courts in the nation's 75 largest counties during 2001. NCJ 203098

Federal Tort Trials and Verdicts, 1996-97, 3/99. Presents findings about 1996 and 1997 civil tort cases terminated in United States district courts by jury and bench trial. NCJ 172855

Federal Tort Trials and Verdicts, 1994-95, 12/97 NCJ 165810

Contract Cases in Large Counties: Civil Justice Survey of State Courts, 1992, 2/96. This Special Report presents 1992 data on disposition of 366,000 contract cases involving 1.3 million litigants in state general jurisdiction courts in the nation's 75 largest counties. NCJ 156664.

Civil Jury Cases and Verdicts in Large Counties: Civil Justice Survey of State Courts, 1992, 7/95. Discusses the 12,000 tort, contract, and real property rights cases disposed of by juries in the 75 largest counties during a 12-month period ending June 30, 1992. NCJ 154346

Tort Cases in Large Counties: Civil Justice Survey of State Courts, 1992, 4/13/95. Reports findings of a study of a representative sample of tort cases in the 75 largest counties. NCJ 153177

To the top

Related sites

From BJS

• Courts and Sentencing
       Civil Justice Survey of State Courts
  
• Federal Justice
• Civil Justice Roundtable Discussion
       Acrobat file (489K) | Ascii file (23K)

Help for using BJS products

Other relevant sites

• Courts Statistics Project, National Center for State Courts
• The Institute for Civil Justice, Rand Corporation

Bureau of Justice Statistics
www.ojp.usdoj.gov/bjs/
Send comments to askbjs@usdoj.gov

OJP Freedom of Information Act page
Legal Policies and Disclaimers
Page last revised on October 28, 2008