[Civil Damages]Lawsuit Compensation, Settlements & Tort Suit

Resolution Data

How Many Civil Legal Claims

Are Filed Each Year?

According to the Bureau of Justice Statistics, 2005:

• 7.4 million civil claims were filed nationwide

• 26,950 civil cases were disposed in state courts of general jurisdiction

Source: Civil Bench and Jury Trials in State Courts, 2005

The Most Common Cases In

Civil Trials

According to the Bureau of Justice Statistics, 2005 report:

• 61% of the nation’s civil cases disposed of by trial – tort claims

• 33% - contract cases

• 6% - real property cases

Source: Civil Bench and Jury Trials in State Courts, 2005

Tort Trials In State Courts

By Type

Source: Bureau of Justice Statistics

0%

5%

10%

15%

20%

25%

30%

35%

40%

MotorVehicle

MedicalMalpractice

PremisesLiability

IntentionalTort

Other /Unknown

Tort

Conversion ProductLiability

ProfessionalMalpractice

AnimalAttack

False Arrest Slander

Tort Cases 2005

Contract Trials In State

Courts By Type

0.00%

2.00%

4.00%

6.00%

8.00%

10.00%

12.00%

Contract Cases 2005

Source: Bureau of Justice Statistics

Property Trials In State

Courts By Type

0.00%

0.50%

1.00%

1.50%

2.00%

2.50%

3.00%

3.50%

4.00%

Title / Boundary Dispute Eminent Domain Other

Real Property Cases, 2005

Source: Bureau of Justice Statistics

What Do The Involved

Litigants Look Like

Litigants Jury Trials Bench Trials

Individual vs. Individual

45.5% 33.7%

Individual vs. Business 30.4% 22.2%

Business vs. Individual 1.8% 17.9%

Business vs. Business 6.4% 16.8%

Source: Bureau of Justice Statistics

How Often Do They Win?

Litigants Jury Trials Bench Trials

Plaintiffs Overall 53.2% 65.7%

Plaintiffs In Torts 51.3% 56.2%

Plaintiffs In Contracts 61.9% 68.5%

Source: Bureau of Justice Statistics

Tort Trial Win Stats By Type

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

80.00%

MotorVehicle

MedicalMalpractice

PremisesLiability

IntentionalTort

Other /Unknown

Tort

Conversion ProductLiability(other)

ProfessionalMalpractice

AnimalAttack

False Arrest Slander

Tort Cases, 2005

Source: Bureau of Justice Statistics

Contract Trial Win Stats By

Type

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

80.00%

90.00%

100.00%

Contract Cases, 2005

Source: Bureau of Justice Statistics

Average Compensation Won

By Case Type

Case Type Median Final Award (Compensatory &Punitive), 2005

Asbestos $682,000

Medical Malpractice $400,000

Employment Discrimination $175,000

Premises Liability $98,000

Mortgage Foreclosure $78,000

Fraud $75,000

Intentional Tort $38,000

Seller Plaintiff $27,000

Buyer Plaintiff $17,000

Automobile $15,000

Source: Bureau of Justice Statistics

How Often Are Punitive

Damages Won

Amount Awarded Percentage of Plaintiff Winners

Over $250,000 27%

$1M + 13%

Less than $250,000 60%

• $64,000 - the median overall punitive damage amount awarded

• just 5% of plaintiff winners in general civil trials were awarded punitive damages (2005)

Source: Bureau of Justice Statistics

Medical Malpractice:

Judgements vs. Settlements

According to the “2013 Medical Malpractice Payout Analysis”:

• $3.6 billion – total medical malpractice payout amount in 2013

• 93% payouts resulted from settlements

• 5% - from judgment

Employment Law Claims

Payout Data

According to DOL (Wage & Hour Division):

• In FY-2015, WHD found over $246 million in back wages

• In 2014 and 2015, overtime is the most common type of allegation in settled wage & hour cases

Source: NERA.com

Types of Damages In Tort

Cases

Dam

ages

Compensatory

Punitive

Have more questions about available damages in a civil case, visit: https://www.lawsuitlegal.com/compensation.php

Compensatory Damages

Explained

Typ

es

of

Co

mp

en

sato

ry

Dam

ages

(C

ivil

Law

suit

)Compensation for

Medical Care

Recovering Lost Wages

Payouts for Emotional Distress

What Other Types of

Damages Exist?

Oth

er T

ypes

of

Dam

ages

(S

imila

r to

Em

oti

on

al D

istr

ess)

Loss of Companionship

Mental Anguish

Stress & Anxiety

Negligent Infliction of Emotional Distress

Have A Potential Lawsuit

Claim?

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Source: http://www.bjs.gov/content/pub/pdf/cbjtsc05.pdf