U.S. Department of Justice

Office of Justice Programs

Bureau of Justice Statistics

Bureau of Justice Statistics

November 2009, NCJ 228129

Highlights

BULLETIN

Civil Justice Survey of State Courts

Tort Bench and Jury Trials in State Courts, 2005

Thomas H. Cohen, J.D., Ph.D.

BJS Statistician

tort involves one party alleging injury,

damage, or loss stemming from the

negligent or intentional acts of another

party. Torts accounted for about 60% of the

estimated 26,948 tort, contract, and real property

cases disposed of by bench or jury trial in a

national sample of state courts of general

jurisdiction in 2005. Courts of general

jurisdiction typically handle civil disputes that

exceed certain monetary amounts. The

exception is in states that have merged their

limited and general jurisdiction courts (e.g.,

California). Data from jurisdictions that

provided totals for both trial and non-trial tort

dispositions in 2005 show that nearly 4% of all

tort cases were disposed of by trial. 

Although tort trials account for a small

percentage of tort dispositions in general

jurisdiction courts, they warrant examination

because they provide key information on trial

winners, plaintiff award compensation, punitive

damages, case processing times, and post-trial

activity. Key information—such as the terms of

settlement—would typically not be made part of

the public record for tort cases that settle. 

This report on tort bench and jury trials in state

courts of general jurisdiction is the third in a

series based on data collected from the 2005

Civil Justice Survey of State Courts (CJSSC). The

first report in this series provided an overview of

tort, contract, and real property bench and jury

trials disposed in a national sample of general

jurisdiction courts in 2005. The second report

focused on contract cases disposed of by trial.

A

• During 2005 an estimated 16,397 tort cases were disposed 

of by bench or jury trial in a national sample of state trial 

courts. Juries heard about 90% of these cases.

• Together, bench and jury trials accounted for an

 estimated 4% of all tort dispositions in 2005. 

• Nearly 60% of tort trials were automobile accident cases, 

and 15% involved medical malpractice claims (figure 1).

• Plaintiffs won about half of tort trials.

• Half of plaintiff winners in tort trials were awarded $24,000 

or less in damages.

• Punitive damages were sought in 9% of tort trials with 

plaintiff winners. The median punitive damage award was 

$55,000.

• In the nation’s 75 most populous counties, the number of 

tort trials declined by about a third between 1996 and 2005.

Figure 1. 

Types of tort cases concluded by trial in 2005

False arrest/imprisonment

Animal attack

Professional malpractice

Slander/libel

Product/asbestos liability

Conversion

Other/unknown tort

Intentional tort

Premises liability

Medical malpractice

Automobile accident

0% 20% 40% 60%

Types of tort cases

Percent of tort trials disposed

This publication is one in a series. For a list of all publications in this series go to www.ojp.usdoj.gov/bjs/
2 Tort Bench and Jury Trials in State Courts, 2005

The 2005 CJSSC comprises the first detailed

case-level data collection for tort, contract, and

real property bench and jury trials disposed of in

state courts of general jurisdiction in a nationally

representative sample of urban, suburban, and

rural counties.1

 Prior collections of the CJSSC

focused on such trials disposed of in general

jurisdiction courts in a sample of the nation’s

75 most populous counties.

Automobile accident cases accounted for 

nearly 60% of tort trials

During 2005 state courts of general jurisdiction

in the national sample disposed of an estimated

16,397 tort trials. Nearly 60% of these tort trials

were automobile accident cases (table 1).

Medical malpractice cases, involving the

negligent action of a doctor, dentist, or other

health care provider, accounted for 15% of tort

trials, while premises liability, concerning an

alleged harm from an inadequately maintained

or dangerous property, accounted for 11% of tort

trials. An estimated 2% of tort trials were

product liability cases in which the primary

claim involved a dangerous or defective product,

such as asbestos, toxic substances, breast

implants, or tobacco.

1

The sample of civil trials excludes civil cases that were not 

tort, contract, or real property cases. Trials in state courts of 

limited jurisdiction and small claim cases were also excluded 

from the sample. See Methodology for a descriptive overview 

of sample design.

Nine out of 10 tort trials were resolved by 

juries

Ninety percent of tort trials were decided before

a jury, while judges adjudicated the remaining

10%.2 The right to a jury trial is guaranteed in

most states; however, if neither the plaintiff nor

the defendant makes a formal request for a jury

trial, that right is forfeited and the trial takes

place before a judge.

Cases in which the plaintiff claimed medical

malpractice were most often disposed of by

juries (99%), followed by asbestos (95%) and

premises liability (94%) cases. More than 90% of

non-asbestos product liability and automobile

accident cases were disposed of by jury trial. 

Judges decided at least a third of slander or libel,

false arrest or imprisonment, and professional

malpractice trials. About half of conversion

cases, which involve the unauthorized use or

control of another person's personal property,

were adjudicated before judges. 

More than 51,000 litigants were involved in 

tort trials in state courts

An estimated 51,375 litigants (plaintiffs and

defendants) were involved in the 16,397 tort

trials disposed of in 2005 (not shown in a table).

Of these tort trial litigants, 45% were plaintiffs

and 55% were defendants. Almost three-fourths

of tort trials (70%) were litigated by only one

plaintiff, while about half (55%) involved only

one defendant.

Eight out of 10 tort trials involved 

individuals suing businesses or other 

individuals

Tort trials involved an individual suing either

another individual in 53% of cases or a business

in 27% of cases (table 2). Individuals sued

hospitals or governmental agencies in 15% of

tort trials. A relatively small number of tort trials

(4%) involved non-individual plaintiffs such as

governments, businesses, and hospitals.

Two-thirds of automobile accident trials 

involved individuals suing other 

individuals

The majority of automobile accident trials

involved individuals suing other individuals. In

comparison, individuals 

2

About 2% of tort jury trials disposed in the national sample 

include trials with a directed verdict, judgments notwithstanding the verdict, and jury trials for defaulted defendants.

Table 1. 

Tort cases disposed of by bench or jury trial in state courts, 

by case type, 2005

Number of tort 

trials

Percent disposed by—

Case type Jury trial* Bench trial

All tort trials 16,397 90.0% 10.0%

Medical malpractice 2,449 98.7 1.3

Asbestos product liability 87 95.4 4.6

Premises liability 1,863 93.8 6.2

Other product liability 268 92.5 7.5

Automobile accident 9,431 92.2 7.8

Animal attack 138 80.6 19.4

Intentional tort 725 78.2 21.8

Other/unknown tort 664 71.5 28.5

Slander/libel 187 64.2 35.8

False arrest/imprisonment 58 63.8 36.2

Professional malpractice 150 60.0 40.0

Conversion 378 46.3 53.7

Note: Data for case and disposition type were available for 100% of the 16,397 tort trials. Detail may not 

sum to total because of rounding.

*Unless otherwise stated, jury trials include jury trials, trials with a directed verdict, trials that ended in 

a judgment notwithstanding the verdict, and jury trials for defaulted defendants. See Methodology for 

case type definitions.
October 2009 3

sued other individuals in only about a third

(35%) of other tort trials (not shown in a table). 

Litigant pairings differed appreciably by case

type among tort trials that did not involve

automobile accident claims. For example, more

than half of medical malpractice trials involved

individuals suing hospitals, while in product

liability cases, nearly 90% of the litigants were

individual plaintiffs suing business defendants

other than hospitals. 

Table 2. 

Pairings of primary litigants in tort trials in state courts, by case type, 2005

Percentage of tort trial pairings involving 

Individual plaintiff v.— Business plaintiff v.—

Case type

Number of 

trials

Individual 

defendants

Business 

defendantsa

Government 

defendantsb

Hospital 

defendantsc

Individual 

defendants

Business 

defendantsa

Other 

defendants

All tort trials 16,359 53.4% 27.1% 6.5% 8.8% 1.5% 2.1% 0.6%

Animal attack 137 93.4 3.6 2.2 0.0 0.0 0.0 0.7

Automobile accident 9,419 67.3 23.9 5.1 0.1 1.5 1.7 0.4

Conversion 378 58.2 5.8 4.5 0.0 19.6 9.3 2.6

Slander/libel 187 57.2 29.4 0.5 3.2 2.1 7.5 0.0

Intentional tort 725 52.0 21.0 19.2 2.8 1.2 3.7 0.1

Medical malpractice 2,438 38.5 5.2 0.4 55.6 0.0 0.1 0.3

Professional malpractice 150 36.0 37.3 0.0 2.7 6.7 16.7 0.7

False arrest/imprisonment 58 24.1 8.6 67.2 0.0 0.0 0.0 0.0

Other/unknown tort 660 23.0 44.2 21.2 0.2 2.0 4.8 4.5

Premises liability 1,857 21.4 62.7 12.1 2.6 0.2 0.8 0.2

Asbestos product liability 83 6.0 88.0 2.4 0.0 0.0 3.6 0.0

Other product liability 267 1.1 89.9 0.0 0.0 0.0 9.0 0.0

Note: For cases that involve multiple plaintiff or defendant types, cases are categorized using the following hierarchy: (1) hospital or medical company, (2) government agency, (3) business, and (4) individual. For example, any case involving a hospital defendant is categorized as a case with a hospital defendant even if 

there were also business, individual, and government defendants in the case. Data on plaintiff type were available for 99.9% of tort trials. Data on defendant type 

were available for 99.8% of tort trials. Detail may not sum to total because of rounding.

a

Includes insurance companies, banks, other business organizations not involved in the medical industry. 

bIncludes law enforcement and other government organizations. 

c

Includes any organization or medical practice that provides health care and dental treatment. Individual doctors are treated as individuals.

1 out of 4 product liability trials involved 

asbestos claims

Although less than 5% of tort trials involved

product liability issues, these cases garner a great

deal of societal interest because of the high degree

of publicity surrounding some of them and the

perceived potential for very large payouts. 

One out of every four product liability trials

centered on asbestos, while another three percent

involved other toxic substances, including tobacco

or dangerous chemicals (table 3). Defective

construction, electrical, or manufacturing

equipment accounted for another 14% of product

liability trials, and faulty home appliances, food, or

transportation products each accounted for 10% of

product liability trials.

Three tobacco product liability trials were disposed

of in the national sample in 2005 (not shown in a

table). All three of these trials were decided by

juries that ruled in favor of the defendants.

Table 3. 

Defective products in product liability trials in state courts, 

2005

Product liability trials

Type of defective product Number Percent

All product liability trials 346 100.0%

Toxic substancesa 96 27.8

Other productb 52 15.0

Equipment/machinery/toolsc 49 14.1

Home appliances/entertainmentd 38 11.0

Food in restaurants/stores 38 11.0

Automobile/truck/airplane transportation 35 10.1

Drugs/cosmetics 21 6.1

Sporting goods equipment 10 2.8

Implants/prostheses/other medical devices 7 2.0

Note: Type of defective product was known for 346 of the 354 product liability trials. Detail may not sum to total because of rounding.

a

Includes asbestos, tobacco, chemicals, and other toxic substances. More than 90% 

of toxic substances trials involved asbestos claims.

b

Includes clothing, footwear, textiles, oil, gasoline, and kerosene.

c

Includes heavy industrial equipment and machinery, such as construction, electrical, and manufacturing equipment.

dIncludes large and small appliances used in homes, such as washers, stoves, toasters, and space heaters. Also includes workshop tools, yard equipment, and building components used in homes. Entertainment products include televisions, 

stereos, VCRs, and computer equipment.
4 Tort Bench and Jury Trials in State Courts, 2005

About half of all tort trials were won by 

plaintiffs

Plaintiffs prevailed in about half of all tort trials

concluded in the national sample of state courts

in 2005 (table 4). Judges found for plaintiffs in

56% of tort trials, while juries ruled in favor of

plaintiffs in 51% of tort trials. The differences in

plaintiff win rates between bench and jury trials

for tort cases were not statistically significant. 

Plaintiff win rates varied considerably depending

on the type of tort case litigated. Among tort

trials, the estimated plaintiff win rates exceeded

60% in some case categories, such as animal

attack (75%) or automobile accident (64%).

Plaintiffs also won in about half of asbestos and

intentional tort trials. Plaintiffs were less

successful in other kinds of tort cases. Plaintiffs

prevailed in less than a quarter of medical

malpractice, non-asbestos (other) product

liability, and false arrest or imprisonment trials.

In several types of tort cases, plaintiffs

experienced similar outcomes irrespective of

whether the case was tried before a judge or jury.

Plaintiffs won at rates that were nearly identical

in bench and jury trials involving automobile

accident, intentional tort, professional

malpractice, and premises liability issues. 

Table 4. 

Percent of tort trials with plaintiff winners in state courts, by case and trial type, 2005

All tort trialsa Jury trialsb Bench trials

Case type

Total number 

of trials

Percent with 

plaintiff winners

Total number 

of trials

Percent with 

plaintiff winners

Total number 

of trials

Percent with 

plaintiff winners

All tort trials 15,427 51.6% 13,622 51.3% 1,462 56.2%

Animal attack 125 75.2 109 78.0 15 53.3

Automobile accident 8,844 64.3 7,989 63.9 690 67.5

Asbestos product liability 82 54.9 78 53.8 4 **

Intentional tort 609 51.6 452 51.5 132 56.1

Conversion 296 48.3 129 31.0 165 61.8

Other/unknown tort 606 41.1 447 41.2 154 40.9

Slander/libel 175 39.4 86 54.7 56 30.4

Professional malpractice 143 39.2 81 39.5 59 40.7

Premises liability 1,827 38.4 1,678 38.2 115 38.3

Medical malpractice 2,397 22.7 2,307 22.7 32 50.0

Other product liability 265 19.6 232 20.7 19 15.8

False arrest/imprisonment 58 15.5 34 23.5 21 4.8

Note: Data on plaintiff winners were available for 99.8% of tort jury trials and 99.9% of tort bench trials. Plaintiff winner statistics include 

cases in which both the plaintiff and defendant won damages and the plaintiff award amount was greater than the defendant award amount. 

Table excludes the 934 bifurcated tort trials in which the plaintiff litigated only the damage claim. 

**Too few cases to obtain statistically reliable data.

a

Includes jury trials, bench trials, trials with a directed verdict, trials that ended in a judgment notwithstanding the verdict, and jury trials 

for defaulted defendants. 

bJury category excludes trials where the jury heard the case but did not determine liability, including trials with a directed verdict, trials that 

ended in a judgment notwithstanding the verdict, and jury trials for defaulted defendants. 
October 2009 5

Half of plaintiff winners in tort trials were 

awarded $24,000 or less in damages

During 2005, plaintiff winners in tort trials in

the national sample were awarded an estimated

$3.6 billion in compensatory and punitive

damages (not shown in a table). The overall

median final award of $24,000 in jury trials and

$21,000 in bench trials did not differ statistically

(table 5). 

In some case categories, the median damage

awards were relatively modest. For example,

automobile accident, animal attack, slander or

libel, conversion, and intentional tort cases,

which together accounted for nearly 8 out of 10

tort trials with plaintiff winners, generated

median awards of $38,000 or less. Automobile

accident cases alone constituted about 70% of

tort trials with plaintiff winners, and the median

award in these cases was $15,000.

In other tort case categories, the median awards

were considerably higher. Half the plaintiff

winners in asbestos cases were awarded damages

of $682,000 or more. The median damage

awards also exceeded $100,000 in non-asbestos

product liability ($500,000) and professional

malpractice ($129,000) trials. 

Medical malpractice trials also garnered

relatively high median damage awards. The

awards in medical malpractice trials ($400,000)

were 17 times greater than the overall median

awards in all tort trials. Damage awards of

$1 million or more were awarded in nearly 30%

of medical malpractice trials (not shown in a

table). These high award amounts may be related

to the allegations of wrongful death that were

asserted in two-fifths of medical malpractice

trials with plaintiff winners. 

Table 5. 

Plaintiff award winners in tort trials in state courts, by case and trial type, 2005

All tort trialsa Jury trialsb Bench trials

Case type

Number with 

plaintiff award 

winnersc

Median final 

award amountd

Number with 

plaintiff award 

winnersc

Median final 

award amountd

Number with 

plaintiff award 

winnersc

Median final 

award amountd

All tort trials 8,455 $24,000 7,341 $24,000 951 $21,000

Asbestos product liability 47 682,000 44 721,000 3 **

Other product liability 52 500,000 49 456,000 2 **

Medical malpractice 584 400,000 564 400,000 18 631,000

Professional malpractice 62 129,000 37 435,000 25 16,000

Premises liability 666 98,000 608 100,000 44 65,000

Other/unknown tort 305 83,000 205 109,000 98 8,000

Intentional tort 428 38,000 313 26,000 99 33,000

Conversion 148 27,000 40 60,000 108 22,000

Slander/libel 81 24,000 47 21,000 28 24,000

Animal attack 108 21,000 87 26,000 20 21,000

Automobile accident 5,965 15,000 5,339 15,000 506 17,000

False arrest/imprisonment 8 ** 7 ** 1 **

Note: Award data were available for 99.5% of tort jury and bench trials. Number of plaintiffs awarded damages may be different from the number of 

plaintiffs who successfully litigated the case. This difference is primarily due to the exclusion of plaintiff winners who receive no award because of 

award reductions and to the inclusion of 805 bifurcated damage trials with plaintiff award winners. Table also excludes the 330 bifurcated trials in 

which the plaintiff litigated only the liability claim.

**Too few cases to obtain statistically reliable estimates.

a

Includes jury trials, bench trials, trials with a directed verdict, trials that ended in a judgment notwithstanding the verdict, and jury trials for 

defaulted defendants. 

b

Jury category excludes trials where the jury heard the case but did not determine liability, including trials with a directed verdict, trials that ended in 

a judgment notwithstanding the verdict, and jury trials for defaulted defendants. 

c

Includes cases in which both the plaintiff and defendant won damages and the plaintiff award amount was larger.

dAward data rounded to the nearest thousand. Median amounts calculated for compensatory plus punitive damage awards, after adjustments for contributory negligence, prior settlement, high/low agreement, and damage caps but prior to post-trial activity and appeals.
6 Tort Bench and Jury Trials in State Courts, 2005

Punitive damages were sought in 9% of tort 

trials with plaintiff winners

Awards for punitive damages are almost

exclusively reserved for civil claims in which the

defendant’s conduct was considered grossly

negligent or intentional. Unlike other forms of

damage relief afforded to plaintiffs, punitive

damages are intended to serve as a means for

“punishing the defendant” and deterring others

from committing similar actions (Black’s Law

Dictionary). 

Punitive damages were sought in 9% of the

approximately 8,763 tort trials with plaintiff

winners in the 2005 national sample (table 6).

Punitive damages were also requested in 9% of

jury and 16% of bench trials with plaintiff

winners. 

Punitive damages were sought in nearly half

(47%) of slander or libel trials with plaintiff

winners. In approximately 1 out of 3 intentional

torts (33%) and other or unknown torts (27%)

trials in which the plaintiffs prevailed, punitive

damages were also requested. Punitive damages

were sought in less than 10% of automobile

accident, professional malpractice, product

liability, and premises liability cases with plaintiff

winners. These case types garnered fewer

punitive damage claims because they typically do

not involve acts of gross negligence or

intentional harms, which are necessary elements

when seeking punitive damages.

Punitive damages were awarded in 254 of the

8,763 tort trials with plaintiff winners (3%). The

median punitive damage award was $55,000.

Twenty-three percent of punitive awards were

more than $250,000 and 17% were $1 million or

more (not shown in a table). The median

punitive damage awards in tort jury ($100,000)

and bench ($54,000) trials were not statistically

different.

Punitive damages accounted for more than 

a third of the sum of the total awards in 

conversion and slander or libel cases

The CJSSC collected information on the

percentage of total awards that could be

classified into economic, non-economic, and

punitive damages for three-fourths of tort trials

with plaintiff winners (figure 2). Economic

damages are associated with actual financial

losses (e.g., medical costs, lost wages, lost future

earnings, property damages), while noneconomic damages are related to injuries where

the plaintiff claims pain and suffering, emotional

distress, or loss of consortium. These award

classifications and amounts were determined by

judges or juries when calculating the assessed

damage payouts.

Figure 2. 

Punitive damages accounted for nearly 10% of the total awards to plaintiff winners in tort trials

Types of tort cases

Percent of tort trials disposed

Animal attack

False arrest/imprisonment

Premises liability

Product/asbestos liability

Automobile accident

Medical malpractice

Intentional tort

Professional malpractice

Other/unknown tort

Slander/libel

Conversion

All tort trials

0% 20% 40% 60% 80% 100%

Economic Non-Economic Punitive

Percent of the sum of the total awards represented
October 2009 7

Overall, economic and non-economic damages

constituted about 90% of the total monetary

awards to plaintiff winners, while punitive

damages accounted for nearly 10% of the total

awards. Monetary payouts were evenly

distributed between economic (47%) and noneconomic (44%) damages. Among the civil trial

case types, punitive damages comprised 69% of

the sum of the total awards in conversion cases

and more than a third of the sum of total awards

in slander or libel cases.

Table 6. 

Punitive damages sought and awarded in tort trials with plaintiff winners in state 

courts, by case and trial type, 2005

Percent of trials in 

which punitive

damages sought

Punitive damages awarded to 

plaintiff winners

Case type and trial type

Number of trials with 

plaintiff winnersa Number

Median punitive 

damage awardsb

All tort trialsc 8,763 9.4% 254 $55,000

Slander/libel 81 46.9 24 13,000

Intentional tort 429 32.9 126 81,000

Other/unknown tort 307 27.0 15 **

Animal attack 108 21.3 0 0

Conversion 179 17.3 12 **

Medical malpractice 592 9.5 6 **

Automobile accident 6,168 6.8 67 8,000

Professional malpractice 63 4.8 1 **

Product liabilityd 102 3.9 1 **

Premises liability 725 3.7 2 **

False arrest/imprisonment 9 0.0 0 0

Trial type

Bench trials 994 15.5% 37 $54,000

Jury trialse 7,600 8.6 204 100,000

Note: Information on whether punitive damages were sought indicates formal requests for punitive damages. In some 

instances, statutory rules allow jury/judge to consider awarding punitive damages in cases where a formal request is not 

made. There were an estimated 58 tort trials in which punitive damages were awarded but not formally requested.

**Too few cases to obtain statistically reliable estimates.

a

The number of tort trials with plaintiff winners may differ from other tables because the figure includes tort trials in 

which the plaintiff won but did not receive monetary damages and 807 bifurcated trials in which the prevailing plaintiff 

litigated only the damage claim.

bMedian awards are reported prior to adjustments, post-trial activity, or appeals and are rounded to the nearest thousand.

c

Includes jury trials, bench trials, trials with a directed verdict, trials that ended in a judgment notwithstanding the verdict, and jury trials for defaulted defendants. 

dIncludes asbestos cases.

e

Jury category excludes trials where the jury heard the case but did not determine liability, including trials with a directed 

verdict, trials that ended in a judgment notwithstanding the verdict, and jury trials for defaulted defendants. 
8 Tort Bench and Jury Trials in State Courts, 2005

Damages were reduced in 40% of premises 

liability trials as a result of comparative 

negligence

A plaintiff ’s own negligent actions may

contribute to the injury sustained. Six states

adhere to the doctrine of contributory

negligence.3

 In these states any negligence on the

plaintiff ’s part automatically bars recovery for

damages. In the remaining states differing forms

of comparative negligence are used. Under

comparative negligence doctrines, damages are

proportionally reduced according to the

plaintiff ’s negligence. 

Compensatory damages awarded to plaintiff

winners were reduced in 15% of tort trials

disposed in the national sample in 2005 (table 7).

These awards were reduced by 40% on average

(not shown in a table). 

In two-fifths of the premises liability trials with a

plaintiff winner, the compensatory awards were

reduced due to the plaintiff ’s own negligence.

The award reduction in these premises liability

trials was, on average, about 51% (not shown in a

table).

Tort jury trials lasted 2 days longer on 

average than tort bench trials

In 2005 tort jury trials lasted nearly 4 days on 

average, while bench trials were disposed within 

an average of about 2 days (figure 3). For tort 

jury trials, asbestos cases tended to take the most 

time averaging 13 days in trial. Other case types 

that took more than a week on average for juries 

to dispose include medical malpractice (6 days), 

non–asbestos product liability (7 days), and professional malpractice (8 days) cases. 

3

Alabama, Maryland, South Carolina, Delaware, North Carolina, and Virginia are contributory negligence states. American Justice Prudence, 2nd edition (1989, supp. 1995), 57B, pp. 

1131-49.

Table 7. 

Plaintiff winners with awards reduced due to contributory 

or comparative negligence in tort trials in state courts, by 

case type, 2005

Number of trials with a 

plaintiff award winner

Percent of tort trials 

Case type with awards reduced

All tort trialsa 8,566 14.7%

Premises liability 711 41.1

Automobile accident 6,039 14.6

Other/unknown tort 300 8.9

Professional malpractice 62 8.1

Other product liability 52 6.7

Asbestos product liability 47 4.8

Animal attack 108 4.2

Intentional tort 429 4.1

Medical malpractice 581 3.8

Slander/libel 81 3.6

Conversion 148 --

False arrest/imprisonment 8 --

Note: Data on whether awards were reduced for contributory or comparative negligence were available for 100% of sampled trials with a plaintiff winner and a known 

initial award amount. Detail may not sum to total because of rounding. Trials 

include only those in which plaintiffs won an initial monetary damage award. The 

number of trials with plaintiff award winners may differ from the numbers reported 

in other tables because this table reports initial, not final, award winners. In some 

trials plaintiffs who receive monetary damages have that award reduced to zero 

because of adjustments for contributory negligence, prior settlement, high/low 

agreement and damage caps. Table also includes 805 bifurcated damage trials with 

plaintiff award winners.

--No cases recorded.

Figure 3. 

Average duration of tort bench and jury trials in state courts, 2005

Animal attack

Conversion

Automobile accident

Premises liability

False arrest/imprisonment

Other/unknown tort

Intentional tort

Slander/libel

Medical malpractice

Other product liability

Professional malpractice

Asbestos product liability

All tort trials

0 510 15

BenchJury

Average number of days in trial

Note: Data on number of days in trial were available

for 94% of jury trials and 96% of bench trials.

Types of tort cases
October 2009 9

Half of tort jury and bench trials were 

disposed of within 2 years after the 

complaint was filed 

Half of the estimated tort trials disposed of in the

national sample in 2005 went from filing of the

complaint to final verdict or judgment within an

estimated 23 months for jury trials and 18

months for bench trials (table 8). Among tort

jury trials, the median case processing time was

less than 2 years for animal attack, automobile

accident, slander or libel, and conversion cases.

Other case types resolved through jury trial took

substantially longer to dispose. For example, half

the non-asbestos product liability, medical

malpractice, and false arrest or imprisonment

cases took 30 months or more to process from

initial filing to trial resolution. Among tort

bench trials, the median case processing times

varied from nearly 15 months for false arrest or

imprisonment cases to 23 months for intentional

and other torts.

Litigants sought post-trial relief in nearly 1 

out of 3 tort trials

After a trial reaches final verdict or judgment,

litigants can file post-trial motions seeking to

modify or overturn the trial court outcome.

These include motions for judgment

notwithstanding the verdict (JNOV), motions

for a new trial, motions to modify the award, and

motions for some other form of relief. 

A JNOV provides a mechanism for directly

challenging the jury’s verdict. In order to grant a

JNOV, the judge must find that the evidence

presented at trial so overwhelmingly favored the

losing party that the jury’s verdict should be

reversed and a judgment entered for the party

which initially lost. A motion for a new trial is

filed when one party seeks to have the verdict or

judgment discarded and the case tried again. A

motion to modify the award occurs when one

party seeks to have the damage award increased

or reduced. Other relief can involve motions to

correct errors that occurred at trial, modify court

costs and fees, and amend judicial decisions in

bench trials. Litigants filed post-trial motions in

nearly 1 out of 3 tort trials disposed in the

national sample in 2005 (not shown in a table).

Table 8. 

Case processing time in months from filing to verdict or judgment 

in tort trials in state courts, by case and trial type, 2005

Median case processing time for—

All tort trialsa Jury trialsb Bench trials

Case type Number Median Number Median Number Median

All tort trials 16,390 22.3mo. 14,755 23.0mo. 1,636 17.7mo.

Medical malpractice 2,449 30.0 2,416 30.1 33 16.7

Other product liability 268 29.0 248 30.9 20 22.3

Professional malpractice 150 26.5 90 28.0 60 19.9

False arrest/imprisonment 58 26.3 37 43.0 21 14.7

Other/unknown tort 664 25.5 475 28.7 189 22.6

Asbestos product liability 87 25.0 83 23.9 4 **

Premises liability 1,862 24.5 1,746 25.2 116 15.0

Intentional tort 725 23.2 567 24.4 158 22.7

Animal attack 138 20.5 112 20.0 27 21.4

Automobile accident 9,425 20.1 8,686 20.3 739 16.6

Slander/libel 187 17.8 120 16.9 67 17.8

Conversion 378 17.7 175 18.6 203 16.0

Note: Case processing time calculates the number of months from filing of a complaint to verdict or judgment in a 

tort case. Processing time available for 99.9% of tort trials. Detail may not sum to total because of rounding.

**Too few cases to provide statistically reliable estimates.

a

Includes jury trials, bench trials, trials with a directed verdict, trials that ended in a judgment notwithstanding 

the verdict, and jury trials for defaulted defendants. 

bIncludes jury trials, trials with a directed verdict, trials that ended in a judgment notwithstanding the verdict, and 

jury trials for defaulted defendants. 
10 Tort Bench and Jury Trials in State Courts, 2005

Plaintiffs and defendants sought post-trial 

relief at similar rates in trials where the 

plaintiff won

In tort trials where plaintiffs prevailed, post-trial

relief was sought at a similar rate by both

plaintiffs and defendants. Plaintiffs filed motions

for post-trial relief in 16% of tort trials where

they won, while defendants requested post-trial

relief in 18% of tort trials with a plaintiff winner

(not shown in a table). A variety of underlying

factors can influence plaintiff post-trial activity

in trials in which the plaintiff received a

favorable outcome, including dissatisfaction with

the damage award imposed at trial.

The types of post-trial relief sought most

commonly by plaintiff winners in tort trials were

motions for new trials and award modifications

(table 9). These forms of post-trial relief

accounted for nearly 90% of plaintiff post-trial

motions. 

In tort trials in which the plaintiff won and the

defendant filed a subsequent motion for posttrial relief, 56% of those motions were for a new

trial while 35% were for a JNOV.

Tort trials where the plaintiff did not win also

manifested substantial post-trial activity.

Plaintiffs filed motions for post-trial relief in

almost one-quarter of tort trials (22%) where

they lost (not shown in a table). In 86% of these

cases, the plaintiff requested that the court

discard the verdict or judgment and grant a new

trial.

In tort trials where the plaintiff did not prevail,

defendants rarely engaged in post-trial activity.

Less than 4% of defendants sought post-trial

relief in tort trials without a plaintiff winner.

Courts were more likely to grant plaintiffs 

post-trial relief in trials where the plaintiff 

prevailed

Plaintiffs were more likely to be granted posttrial relief if they won at trial. The courts granted

post-trial relief to 36% of plaintiff winners

seeking to have their verdict or judgment

modified (not shown in a table). The most

common post-trial relief granted to these

plaintiffs was classified as “other,” including

motions to correct errors that occurred in trial

or modify court costs and fees (table 10). About

30% of plaintiff winners who sought and were

granted post-trial relief were awarded a new

trial, and another 22% received an award

modification.

In comparison, 8% of plaintiffs who did not

prevail at trial and who subsequently filed a

post-trial motion received some form of posttrial relief (not shown in a table). More than 90%

of these plaintiffs were granted a new trial.

Post-trial relief was granted to 30% of defendants

who sought to modify a favorable plaintiff

verdict or judgment. In about two-fifths of these

cases the relief granted was in the form of an

award reduction, and in 44% of these cases a new

trial or JNOV was granted. Although fewer than

4% of defendants sought to modify a verdict or

judgment that went against the plaintiff, an

estimated 44% of these requests were granted.

Table 9. 

Post-trial relief sought by plaintiffs or defendants in tort trials in 

state courts, 2005

Post-trial relief

sought by—

Type of post trial motions sought

Trials in which 

relief was sought JNOV New trial

Award

modified

Other 

relief*

Plaintiff prevailed

Plaintiffs 1,391 16.6% 59.1% 29.8% 23.5%

Defendants 1,614 35.0 55.5 26.5 21.8

Plaintiff did not prevail

Plaintiffs 1,654 25.5 86.3% 1.5% 10.2%

Defendants 256 7.3 22.0 1.9 70.1

Note: Post-trial activity data available for 100% of tort trials. The type of post-trial relief 

sought may not sum to 100% because the post trial categories are not mutually exclusive. 

Types of post-trial relief sought were calculated from the base of cases in which a plaintiff 

or defendant requested post-trial relief.

*

Other forms of relief include motions to correct errors that occurred in trial, modify 

court costs and fees, and amend judicial decisions in bench trials.

Table 10. 

Post-trial relief granted to plaintiffs or defendants in tort trials 

in state courts, 2005

Type of post-trial relief granted

Post-trial relief 

granted to—

Trials in which 

relief was granted JNOV New trial

Award

modified

Other 

relief*

Plaintiff prevailed

Plaintiffs 505 14.6% 29.5% 21.7% 40.0%

Defendants 487 21.3 22.5 41.1 23.1

Plaintiff did not prevail

Plaintiffs 135 4.4% 91.7% 2.8% 5.6%

Defendants 113 5.5 4.3 3.3 86.9

Note: Post-trial activity data available for 100% of tort trials. The type of post-trial relief 

granted may not sum to 100% because the post-trial categories are not mutually exclusive. 

Types of post-trial relief granted were calculated from the base of cases in which a plaintiff or defendant was granted post-trial relief.

*

Other forms of relief include motions to correct errors that occurred in trial, modify 

court costs and fees, and amend judicial decisions in bench trials.
October 2009 11

Litigants filed notices of appeal in 13% of 

tort trials

Filing a notice with the trial court to take an

appeal to the state's intermediate appellate court

or court of last resort represents another option

for litigants seeking to overturn or modify a

verdict or judgment that they believe does not

comply with state law. Notices to file an appeal

were filed with the trial court by one or both

parties in 13% of tort trials disposed in the

national sample (not shown in a table).

The appeal rate depended on the trial outcome.

Plaintiffs filed appeals in 5% of tort trials in

which they prevailed and 13% of tort trials in

which they lost (table 11). Defendants filed

notice of appeal in 8% of tort trials with a

plaintiff winner; however, they rarely filed

appeals in tort trials where the plaintiff did not

receive a favorable verdict or judgment. 

The rate of appeals also varied substantially by

case type. Defendants filed notices of appeal in

about two-fifths of professional malpractice

trials in which they lost. Defendants also gave

notice of appeal in more than 30% of product

liability and medical malpractice trials with

prevailing plaintiffs. Among tort trials that the

plaintiff lost, plaintiffs filed a notice of appeal in

at least 21% of intentional tort trials and in 39%

of professional malpractice trials.

Tort trial trends in the nation’s 75 most 

populous counties, 1996, 2001, and 2005

Prior to the 2005 CJSSC, BJS funded three

surveys that examined general civil trials held in

a sample of the nation's 75 most populous

counties in 1992, 1996, and 2001. In addition to

the national sample of general civil trials, the

2005 CJSSC also contained a sub-sample of civil

trials concluded in the nation’s 75 most populous

counties. The 75 most populous counties subsample was maintained for comparison purposes

with earlier iterations of the CJSSC. 

In the trends discussion of this report, data are

presented on tort trial litigation in the nation's

75 most populous counties rather than the

national sample examined in the analyses

described in the earlier sections of this report. In

addition, the analyses have been restricted to tort

bench and jury trials resolved in 1996, 2001, and

2005 because data from the 1992 survey did not

contain case level information on tort bench

trials.

Table 11. 

Notices of appeal filed by plaintiffs or defendants in tort trials in state courts, by case type and trial outcome, 2005

Tort trials with plaintiff winners Tort trials without plaintiff winners

Percent filing notice of appeal— Percent filing notice of appeal—

Case type Numbera Plaintiff Defendant Number Plaintiff Defendant

All tort trials 8,773 5.3% 7.8% 7,587 12.5% 1.6%

Professional malpractice 63 11.1 42.2 87 39.1 5.7

Product liabilityb 101 14.9 32.7 251 16.3 0.8

Medical malpractice 592 14.9 31.2 1,854 13.6 0.9

Other/unknown tort 306 7.8 21.9 357 17.9 0.3

Slander/libel 81 7.4 16.0 106 16.0 0.0

Premises liability 725 4.6 14.6 1,137 8.2 0.2

Conversion 179 1.7 12.3 197 10.2 23.2

Intentional tort 429 6.5 8.4 296 20.9 1.4

Automobile accident 6,180 4.1 3.1 3,222 11.2 1.2

Animal attack 108 7.4 0.0 31 9.7 0.0

False arrest/imprisonment 9 ** ** 49 6.1 2.0

Note: Data are not available to determine whether litigants filing a notice of appeal in state trial courts further pursued appeals by filing documentation with the appropriate appellate court. Tort trial notice of appeals data were available for 99.9% of tort trials where the plaintiff prevailed and 99.9% of tort trials where the plaintiff did not 

prevail. Detail may not sum to total because of rounding. 

**Too few cases to obtain statistically reliable estimates.

a

The number of tort trials with plaintiff winners may differ from other tables because the figure includes tort trials in which the plaintiff won but did not receive monetary 

damages and bifurcated trials in which the plaintiff litigated only damage claims. 

bIncludes asbestos cases.
12 Tort Bench and Jury Trials in State Courts, 2005

The number of tort trials declined by a 

third between 1996 and 2005

The number of tort trials concluded in state

courts in the nation’s 75 most populous counties

declined by about a third from 10,278 trials in

1996 to 7,038 trials in 2005 (table 12). Among

the tort case types, premises (-52%) and product

liability (-48%) registered the largest declines,

while the number of medical malpractice trials

remained fairly stable from 1996 through 2005.

Data from the two most recent BJS civil trial

surveys reveal stabilization in the number of tort

trials. From 2001 to 2005, the number of tort

trials concluded in the nation's 75 most

populous counties declined by 12%, a decrease

that was not statistically significant.

Table 12. 

Comparing tort trials in state courts in the nation's 75 most populous counties, by selected case types, 1996, 2001, 2005

Year of trial collection Percent change

Type of tort trial characteristic 1996 2001 2005 1996-2005 2001-2005

How many tort trials were disposed?

All tort trials 10,278 7,948 7,038 -31.5%* -11.5%

Automobile accident 4,994 4,235 3,545 -29.0* -16.3*

Medical malpractice 1,201 1,156 1,219 1.5 5.5

Premises liability 2,232 1,268 1,067 -52.2* -15.8*

Intentional tort 491 375 352 -28.4* -6.1

Product liability 421 158 225 -46.7* 42.2*

What percentage of plaintiffs won?

All tort trials 48.2% 51.6% 48.0% -0.3% -6.8%*

Automobile accident 57.5 61.2 61.0 6.1 -0.4

Medical malpractice 23.3 26.8 19.4 -17.0* -27.7*

Premises liability 39.6 42.0 38.9 -1.7 -7.3

Intentional tort 57.0 56.8 50.4 -11.5 -11.2

Product liability 44.9 44.2 37.9 -15.6* -14.2

How much did prevailing plaintiffs win?a

All tort trials $38,000 $30,000 $31,000 -18.4% 3.3%

Automobile accident 22,000 18,000 16,000 -27.3* -11.1

Medical malpractice 354,000 464,000 679,000 91.8* 46.3*

Premises liability 71,000 65,000 90,000 26.8 38.5

Intentional tort 40,000 41,000 100,000 150.0* 143.9*

Product liability 241,000 495,000 748,000 210.4* 51.1*

What percentage of plaintiffs won punitive damages?

All tort trials 3.3% 5.3% 3.6% 8.5% -33.3%*

Automobile accident 0.7 2.1 1.6 134.3 -22.0

Medical malpractice 1.1 4.9 2.6 144.7 -46.1

Premises liability 4.5 1.5 0.5 -89.5* -68.9*

Intentional tort 24.0 36.4 24.3 1.2 -33.3

Product liability 7.7 4.2 1.3 -83.8* -70.4

How long did disposition of tort case take?b

All tort trials 21.8mo. 21.5mo. 23.0mo. 5.3% 6.7%

Automobile accident 18.9 19.8 20.0 5.6 1.0

Medical malpractice 29.7 28.6 30.7 3.5 7.6

Premises liability 24.6 22.6 24.0 -2.5 6.0

Intentional tort 20.6 20.2 25.3 22.8* 25.2*

Product liability 32.4 25.5 30.0 -7.5 17.4*

Note: Table includes all jury trials, bench trials, trials with a directed verdict, trials that ended in a judgment notwithstanding the verdict, and jury trials for defaulted 

defendants concluded in a sample of the nation's 75 most populous counties. Product liability includes cases of asbestos exposure. Data sources: Civil Justice Survey of 

State Courts, 1996 (ICPSR 2883), 2001 (ICPSR 3957), and 2005 (ICPSR 23862). Data can be obtained from the University of Michigan Inter-University Consortium for 

Political and Social Research (ICPSR). 

*Difference is significant at the 95% confidence level.

a

Overall median awards, adjusted to account for inflation using the Consumer Price Index (CPI) as reported by the Bureau of Labor Statistics.

bMedian number of months from filing to verdict or judgment.
October 2009 13

Plaintiff win rates were relatively stable in 

tort trials from 1996 through 2005

The plaintiff win rate in tort trials has remained

relatively stable from 1996 to 2005. During this

period, about half of all plaintiffs prevailed in

tort trials. The percentage of plaintiffs prevailing

in automobile accident cases increased slightly

from 58% in 1996 to 61% in 2005. In

comparison, plaintiffs won in fewer medical

malpractice cases in 2005 (19%) than in 1996

(23%).

Median damage awards in product liability 

and medical malpractice trials were higher 

in 2005 compared to 1996

The median damage awards garnered by plaintiff

winners in tort trials declined from $38,000 in

1996 to $31,000 in 2005, a decrease that was not

statistically significant.4 In comparison to tort

cases generally, several case categories witnessed

marked increases in their median damage

awards. This trend was especially apparent in

product liability trials where the median award

amounts were 3 times higher in 2005 ($748,000)

than they were in 1996 ($241,000). For medical

malpractice trials, the median damage awards

were nearly 2 times higher in 2005 ($679,000)

than they were in 1996 ($354,000). In intentional

tort cases, the median awards were 2.5 times

higher in 2005 ($100,000) than in 1996

($40,000).

4

The 1996 damage award statistic has been adjusted to 

account for inflation using the Consumer Price Index (CPI) 

prepared by the Bureau of Labor Statistics (http://

www.bls.gov/cpa/home.htm). The CPI, the most commonly 

reported measure of consumer price levels, is a statistical 

estimate of the level of prices of goods and services bought 

for consumption purposes by households. The CPI is a measure of inflation used to index wages, salaries, pensions, or 

contracted prices.

Plaintiff winners were awarded punitive 

damages in 5% or less of tort trials overall 

between 1996 and 2005

The percentage of tort trials in which the

plaintiff winner received punitive damages rose

from 3% in 1996 to 5% in 2001 and then

declined to 4% in 2005. Among intentional tort

cases, the percentage of prevailing plaintiffs

awarded punitive damages ranged from 24% to

36% during the 1996 to 2005 reporting period.

For the other tort case categories, the rate at

which plaintiff winners received punitive

damages never exceeded 10%.

Case processing time remained relatively 

stable in tort trials from 1996 through 2005

In 1996 it took nearly 22 months for half of all

tort cases to proceed from initial filing to verdict

or judgment, while during 2005, 50% of tort

cases progressed from filing to jury or bench

disposition within 23 months. These differences

were not statistically significant. Intentional tort

cases took 4 months longer to dispose in 2005

(25 months) than in 1996 (21 months).
14 Tort Bench and Jury Trials in State Courts, 2005

Methodology

Collection of data on general civil bench and jury 

trials

The Civil Justice Survey of State Courts (CJSSC)

examines tort, contract, and real property trials

disposed of in general jurisdiction courts. The

2005 CJSSC contained two sampling frames.

First, the sample was designed so that inferences

could be made about general civil trials litigated

in the nation’s 75 most populous counties. The

75 most populous counties design was

maintained in order to compute trends in civil

trial litigation. The sample design for the 75

most populous counties sample was the same as

the ones used for the 2001, 1996, and 1992 BJS

civil trial studies. The sample is a stratified

sample with 46 of the 75 most populous counties

selected. 

In addition to sampling civil trial litigation in the

nation’s 75 most populous counties, a sample of

from which to estimate the civil trial litigation

outside the 75 most populous was developed. 

The sample of civil trial litigation outside the

nation’s 75 most populous counties was

constructed by first forming 2,518 primary

sampling units (PSUs) from 3,066

counties—3,141 U.S. counties total minus the 75

counties from the 2001 CJSSC. The 2,518 PSUs

were stratified into 50 strata according to census

region, levels of urbanization, and population

size which was based on the square root of the

estimated 2004 population in each of these PSUs.

From the 50 strata, a total of 100 PSUs

containing 110 counties were selected for the

supplemental sample of counties outside the

nation’s 75 most populous. Hence, a total of 156

counties, 46 representing the nation’s 75 most

populous, and 110 representing the remainder of

the nation were used for the sample. 

Civil Justice Survey of State Courts 

Sampling Framework

Sampling frame

75 most populous countiesOutside the 75 most 

populous counties

PSUs 75 2,518

Counties sampled 46 110

Cases meeting 

study criteria 5,038 744

Weighted cases 7,038 9,359

Weight 1.40 12.58

Table 13. 

Percent of all tort cases disposed of by trial, by selected case types 

and jurisdictions, 2005

Number of trial and non-trial 

dispositions Disposition by trial

Case type

Jurisdictions 

reportinga

Total 

dispositionsb Numberc Percentage 

All torts 104 140,929 4,986 3.5%

Medical malpractice 49 4,685 367 7.8

Other/unknown tort 97 51,817 2,077 4.0

Professional malpractice 43 2,294 87 3.8

Automobile accident 77 63,339 2,122 3.4

Other product liability 47 8,146 47 0.6

Note: The percent of tort cases disposed of by trial were not calculated from all 156 jurisdictions participating in the 2005 CJSSC. A total of 104 jurisdictions were able to provide counts 

of both trial and non-trial dispositions for all tort cases. Fewer jurisdictions provided counts 

of trial and non-trial dispositions by specific case types. Only those case types where 40 or 

more jurisdictions could provide trial and non-trial are data shown. Data presented only 

represent counts of dispositions in the reporting counties. They are not weighted to provide 

national-level estimates.

a

Includes number of jurisdictions that had the capacity to report counts of trial and non-trial 

tort dispositions by CJSSC case type.

b

Includes tort cases disposed of by both non-trial (e.g., settlement, dismissal) and trial 

methods.

c

Includes only those tort cases disposed of by jury or bench trial.

In addition to collecting detailed case-level information on civil

trials, the 2005 CJSSC included aggregate counts of trial and nontrial dispositions for all tort cases in 104 jurisdictions. Among

these 104 jurisdictions, bench and jury trials accounted for an

estimated 4% of the 140,929 tort cases disposed of in 2005 

(table 13).

Trial rates also varied across the tort case categories.5

 Nearly 8% of

medical malpractice cases were disposed of through trial; in

comparison, 3% of automobile accident and less than 1% of nonasbestos product liability tort cases were resolved through bench

or jury trial.

5

Not all 104 jurisdictions were capable of calculating trial rates by specific CJSSC 

case types. See table 13 for the jurisdictions that could calculate a trial rate by case 

type.

Bench and jury trials accounted for 4% of tort dispositions
October 2009 15

The second stage of the sample design involved

generating lists of cases for coding. Each

participating jurisdiction identified cases

disposed of by jury trial or bench trial between

January 1, 2005, and December 31, 2005. Some

jurisdictions produced a list covering 12 months

of trials for a fiscal year. 

Trial cases sampled met the following criteria for

jury and bench trials developed by the National

Center for State Courts: both litigants appeared

at trial, both sides presented contested evidence,

at least one litigating party sought monetary

damages, and the trial was heard through

completion. These criteria excluded many cases

initially classified as bench or jury trials from the

sample. Civil trials in state courts of limited

jurisdiction and small claim cases were also

excluded.

For the sample of tort trials occurring in the

nation’s 75 most populous counties, data on

5,038 tort trials met the study criteria. When

these trials are weighted to the nation’s 75 most

populous counties, they represent 7,038 tort

trials. For the sample of civil trials occurring

outside the nation’s 75 most populous counties,

data on 744 tort trials met the study criteria.

When these trials are weighted, they represent

9,359 tort trials disposed in counties outside the

nation’s 75 most populous.

The weighted estimate of 16,397 tort trials

represents a small percentage of the reported 7.5

million civil cases filed in all unified/general

jurisdiction state courts nationwide in 2005. This

nationwide count comprises all tort, contract,

real property, small claims, probate/estate,

mental health cases, and other civil cases filed in

state courts of unified/general jurisdiction.

Although no nationwide counts of tort filings in

state courts are available, the National Center for

State Courts Court Statistics Project reports

441,307 tort cases being filed in the unified/

general jurisdiction courts of 34 states in 2005.6

6

Source: See LaFountain, R., Schauffler, R., Strickland, S., 

Raftery, W., & Bromage, C. Examining the Work of State 

Courts, 2006: A National Perspective from the Court Statistics Project (National Center for State Courts 2007).

Collection of counts of all civil dispositions

In conjunction with collecting detailed case level

information on general civil trials, the counties

participating in this survey were asked to

complete a matrix that contained information on

all general civil cases disposed in 2005.

Frequency counts were obtained for trial and

non-trial dispositions in these counties. The

non-trial dispositions included cases dismissed

for want of prosecution, granted default or

summary judgments, settled or withdrawn prior

to trial, settled through mediation or another

method of alternative dispute resolution, or

transferred to another court. This secondary

data collection was used to gather disposition

outcomes in trial and non-trial cases by plaintiff

claim type. 

Definitions of case types 

Animal attack: Personal injury or death caused

by the negligent control of an animal.

Automobile accident: Personal injury or death

caused by the negligent operation of a motor

vehicle (not boat or airplane).

Conversion: Personal injury or property damage

caused by the unauthorized use or control of

another person’s personal property.

False arrest, imprisonment: Arrest or

imprisonment without proper legal authority.

Intentional tort: Personal injury, death, or

property damage caused by another’s intentional

act.

Medical malpractice: Personal injury or death

caused by a medical professional’s negligent care. 

Other professional malpractice: Personal

injury, death, or property damage caused by the

negligent act of a non-medical professional.

Other negligent acts: Negligence for an act not

represented by other case categories.

Premises liability: Personal injury or death

caused by dangerous condition of residential or

commercial property. 

Product liability: Personal injury or damage

caused by the negligent manufacture or design of

a product or exposure to toxic substances.

Slander, Libel, or Defamation: Damage caused

to the career or reputation of an individual due

to false accusations, comments, or statements

made by another.
U.S. Department of Justice

Office of Justice Programs

Bureau of Justice Statistics

Washington, DC 20531

Official Business

Penalty for Private Use $300

PRESORTED STANDARD

POSTAGE & FEES PAID

DOJ/BJS

Permit No. G-91

*NCJ~228129*

The Bureau of Justice Statistics is the statistical agency of the U.S. Department of

Justice. Michael D. Sinclair is acting director.

This BJS Bulletin presents the third release of findings in a series of reports from the

Civil Justice Survey of State Courts, 2005. Thomas H. Cohen wrote this Bulletin

under the supervision of Duren Banks. Tracey Kyckelhahn verified the report.

Data design and collection was conducted by the National Center for State Courts

(NCSC); Nicole L. Waters, Ph.D. was the project director and provided comments.

Shauna M. Strickland, Paula L. Hannaford-Agor, Cynthia G. Lee and Chantal G.

Bromage of the NCSC also provided comments. James L. Green, M.A., Senior

Statistician at Westat, designed the sample used for this data collection.

Tina Dorsey produced the report, Catherine Bird and Jill Duncan edited the report,

and Jayne Robinson prepared the report for final printing, under the supervision of

Doris J. James.

November 2009, NCJ 228129

This report in portable document format and in ASCII and its related

statistical data and tables are available at the BJS World Wide Web Internet

site: <http://www.ojp.usdoj.gov/bjs/abstract/tbjtsc05.htm>.

Office of Justice Programs

Innovation • Partnerships • Safer Neighborhoods

http://www.ojp.usdoj.gov

16 Tort Bench and Jury Trials in State Courts, 2005
October 2009 17

Appendix Table 1. 

Standard errors and confidence intervals for tort trials, by selected characteristics, 2005 Civil Justice 

Survey of State Courts

95%-confidence interval

Case characteristics Estimatea One standard error Lower Upper

Number of tort trials

All tort trials 16,397 896 14,613 18,182

Automobile accident 9,431 622 8,193 10,668

Premises liability 1,863 130 1,604 2,123

Asbestos product liability 87 21 46 128

Other product liability 268 41 186 349

Intentional tort 725 112 501 948

Medical malpractice 2,449 264 1,924 2,974

Professional malpractice 150 25 100 201

Slander/libel 187 35 116 257

Animal attack 138 33 72 205

Conversion 378 108 163 593

False arrest/imprisonment 58 20 19 97

Other/unknown tort 664 94 476 852

Number of tort trials decided by—

Jury trialsb 14,761 834 13,100 16,421

Bench trials 1,637 208 1,223 2,051

Percent of tort trials with a plaintiff winner

All tort trials 51.6% 1.8% 48.1% 55.2%

Jury trialsc 51.3 1.9 47.5 55.2

Bench trials 56.2 4.7 46.8 65.5

Median award to plaintiff winners

All tort trials $23,597 $2,807 $18,819 $29,996

Jury trialsc 23,600 3,045 17,876 29,999

Bench trials 20,902 4,149 14,838 31,359

Median punitive award to plaintiff winners

All tort trials $52,814 $18,582 $23,493 $97,483

Jury trialsc 83,529 60,669 5,061 246,626

Bench trials 50,161 **  

Median months from filing to final verdict or judgment

All tort trials 22.3mo. 0.8mo. 20.6mo. 23.7mo.

Jury trialsb 22.9 0.8 21.2 24.4

Bench trials 17.7 0.9 16.4 20.2

Note: Standard errors were calculated by using a replication method (i.e., jackknife, specifically JKN) available in WESVAR PC.

** Too few cases to reliably calculate standard errors and confidence intervals for punitive damages awarded in bench trials.

a

Estimates may vary slightly from those reported in the BJS report due to the use of WESVAR instead of SPSS for sample estimation.

b

Includes jury trials, trials with a directed verdict, trials that ended in a judgment notwithstanding the verdict, and jury trials for defaulted defendants. 

c

Plaintiff winner, damage awards, and punitive damages analyses excludes jury trials in which the jury heard the case but did not determine liability 

or damages, including trials with a directed verdict, trials that ended in a judgment notwithstanding the verdict, and jury trials for defaulted defendants.
18 Tort Bench and Jury Trials in State Courts, 2005

Appendix Table 2. 

Appendix table 2. Pairings of primary litigants in tort trials in state courts, by case type, 2005

Final amount awarded to plaintiff winners

Case type Number of trials Percent of trials won by plaintiffs Number of trials Median damage awards

All tort trials 

Individual only plaintiff v.—

Individual only defendant 8,196 56.3% 4,938 $14,000

Business defendanta 4,181 54.6 2,391 42,000

Government defendantb 1,047 35.0 368 61,000

Hospital defendantc 1,409 23.1 351 337,000

Business plaintiffa

 v.—

Individual only defendant 169 75.7% 149 $16,000

Business defendanta 300 53.7 163 19,000

Government defendantb 64 89.1 57 70,000

Hospital defendantc 5 ** 2**

Automobile accident tort trials

Individual only plaintiff v.—

Individual only defendant 5,980 63.9% 3,989 $11,000

Business defendanta 2,083 70.2 1,541 31,000

Government defendantb 484 39.0 187 42,000

Hospital defendantc 9 ** 6**

Business plaintiffa

 v.—

Individual only defendant 111 74.8% 111 $14,000

Business defendanta 127 68.5 89 9,000

Government defendantb 30 86.7 26 70,000

Hospital defendantc 1 **00

All other tort trials

Individual only plaintiff v.—

Individual only defendant 2,216 35.6% 949 $77,000

Business defendanta 2,099 39.2 850 101,000

Government defendantb 564 31.2 180 71,000

Hospital defendantc 1,401 22.8 345 368,000

Business plaintiffa

 v.—

Individual only defendant 58 75.9% 37 $125,000

Business defendanta 173 42.8 74 65,000

Government defendantb 34 91.2 31 109,000

Hospital defendantc 4 ** 2**

Note: For cases that involve multiple plaintiff or defendant types, cases are categorized using the following hierarchy: (1) hospital/medical company, (2) government agency, (3) business, and (4) individual. For example, any case involving a hospital defendant is categorized as a case with a hospital defendant even if 

there were also business, individual, and government defendants in the case. Data on litigant pairing were available for 99.8% of all tort trials, 99.9% of automobile trials, and 99.6% of all non-automobile trials. Detail may not sum to total because of rounding. Damage awards rounded to the nearest thousand.

**Too few cases to obtain statistically reliable estimates.

a

Includes insurance companies, banks, other business organizations not involved in the medical industry. 

bIncludes law enforcement and other government organizations. 

c

Includes any organization or medical practice that provides health care and dental treatment. Individual doctors are treated as individuals.
October 2009 19

Appendix Table 3. 

Types of tort trials in state courts in 46 of the nation's 75 most populous counties, 

by jurisdiction, 2005

Percent of tort trials by case type

County Number a Automobile accident Premises liability Product liabilityb Intentional Malpracticec Other/unknown d

DuPage, IL 58 79.3% 6.9% --% --% 10.3% 3.4%

Fairfield, CT 55 78.2 10.9 -- 7.3 1.8 1.8

Mecklenburg, NC 18 77.8 -- -- 5.6 16.7 --

Franklin, OH 89 75.3 1.1 -- 3.4 13.5 6.7

Hennepin, MN 121 71.1 6.6 0.8 5.0 8.3 8.3

Marion, IN 88 70.5 4.5 3.4 1.1 8.0 12.5

El Paso, TX 20 70.0 15.0 5.0 5.0 -- 5.0

Middlesex, NJ 171 69.6 17.5 3.5 -- 7.6 1.8

Milwaukee, WI 90 67.8 15.6 1.1 4.4 6.7 4.4

Essex, NJ 100 65.0 14.0 1.0 5.0 10.0 5.0

Hartford, CT 53 64.2 9.4 3.8 9.4 11.3 1.9

Fairfax, VA 105 61.9 8.6 1.0 5.7 13.3 9.5

Cuyahoga, OH 172 60.5 8.1 4.1 2.3 21.5 3.5

King, WA 119 59.7 10.9 2.5 10.1 11.8 5.0

Philadelphia, PA 539 58.6 13.2 10.2 2.6 11.7 3.7

Dallas, TX 138 58.0 8.7 1.4 4.3 21.7 5.8

Pima, AZ 55 54.5 16.4 1.8 1.8 12.7 12.7

Fulton, GA 17 52.9 23.5 5.9 -- 11.8 5.9

St. Louis, MO 94 52.1 16.0 -- 3.2 20.2 8.5

San Francisco, CA 79 51.9 12.7 12.7 6.3 6.3 10.1

Bexar, TX 56 51.8 12.5 7.1 1.8 17.9 8.9

San Bernardino, CA 58 51.7 3.4 1.7 1.7 32.8 8.6

Harris, TX 284 51.1 21.5 1.8 4.6 16.5 4.6

Fresno, CA 30 50.0 20.0 10.0 -- 13.3 6.7

Bergen, NJ 103 49.5 18.4 2.9 2.9 23.3 2.9

Palm Beach, FL 77 49.4 23.4 3.9 5.2 14.3 3.9

Ventura, CA 39 48.7 23.1 -- -- 17.9 10.3

Alameda, CA 105 47.6 19.0 2.9 10.5 15.2 4.8

Dade, FL 176 45.5 22.7 5.1 1.1 14.2 11.4

Cook, IL 498 45.0 17.5 1.2 2.2 27.5 6.6

Santa Clara, CA 32 43.8 18.8 3.1 6.3 9.4 18.8

Maricopa, AZ 164 43.3 19.5 1.2 7.9 21.3 6.7

Jefferson, KY 76 42.1 5.3 3.9 13.2 22.4 13.2

Contra Costa, CA 12 41.7 16.7 -- 8.3 16.7 16.7

Honolulu, HI 12 41.7 8.3 -- 16.7 16.7 16.7

Allegheny, PA 122 38.5 18.0 3.3 4.1 24.6 11.5

Worcester, MA 52 34.6 17.3 -- 19.2 21.2 7.7

Orange, CA 105 34.3 20.0 3.8 5.7 24.8 11.4

Orange, FL 50 34.0 20.0 4.0 4.0 32.0 6.0

Wayne, MI 104 32.7 8.7 1.0 8.7 37.5 11.5

Essex, MA 40 30.0 25.0 -- 5.0 35.0 5.0

Oakland, MI 90 30.0 8.9 1.1 7.8 33.3 18.9

Middlesex, MA 77 24.7 28.6 5.2 2.6 32.5 6.5

Los Angeles, CA 138 23.9 18.1 3.6 10.1 23.2 21.0

New York, NY 267 19.1 34.5 1.1 4.9 36.0 4.5

Suffolk, MA 90 17.8 18.9 3.3 22.2 32.2 5.6

Note: The counties used to estimate trials outside the 75 most populous counties were excluded from table because many of these counties contained too few trials to obtain statistically reliable estimates. For a comprehensive view of civil trials concluded in the national sample of 156 counties, see Civil Bench and Jury Trials in State Courts, 2005 at <http://www.ojp.usdoj.gov/bjs/abstract/cbjtsc05.htm>.

--No cases recorded.

a

Includes bench and jury trials, trials with a directed verdict, trials that ended in a judgment notwithstanding the verdict, and jury trials for defaulted defendants.

bIncludes asbestos trials.

c

Includes medical and other professional malpractice trials.

dIncludes animal attack, slander or libel, false arrest, imprisonment, conversion, other and unknown torts. 
20 Tort Bench and Jury Trials in State Courts, 2005

Appendix Table 4. 

Percentage of plaintiff winners in tort trials in state courts in 46 of the 

nation's 75 most populous counties, by jurisdiction, 2005

All tort trials

County Number Percent plaintiff winners

Mecklenburg, NC 18 83.3%

Franklin, OH 89 71.9

Fresno, CA 30 70.0

King, WA 119 68.9

Milwaukee, WI 88 65.9

DuPage, IL 58 65.5

Palm Beach, FL 77 63.6

Pima, AZ 55 63.6

Marion, IN 88 62.5

Hartford, CT 53 62.3

Fairfield, CT 55 61.8

Dade, FL 176 60.2

Philadelphia, PA 539 57.5

Alameda, CA 105 56.2

St. Louis, MO 94 55.3

Fairfax, VA 105 54.3

Orange, FL 50 54.0

San Bernardino, CA 58 53.4

San Francisco, CA 79 53.2

Cuyahoga, OH 171 50.9

El Paso, TX 20 50.0

Honolulu, HI 12 50.0

Harris, TX 284 47.5

Santa Clara, CA 32 46.9

Hennepin, MN 121 46.3

Maricopa, AZ 163 46.0

Cook, IL 497 45.7

Ventura, CA 39 43.6

Oakland, MI 90 43.3

Los Angeles, CA 138 42.8

New York, NY 267 41.9

Orange, CA 105 41.9

Fulton, GA 17 41.2

Essex, NJ 100 41.0

Bexar, TX 56 39.3

Allegheny, PA 122 37.7

Dallas, TX 138 36.2

Jefferson, KY 76 31.6

Middlesex, NJ 170 31.2

Bergen, NJ 103 27.2

Wayne, MI 104 24.0

Suffolk, MA 90 22.2

Essex, MA 40 20.0

Worcester, MA 52 19.2

Middlesex, MA 77 18.2

Contra Costa, CA 12 16.7

Note. The counties used to estimate trials outside the 75 most populous counties were excluded from 

this table because many of these counties contained too few trials to obtain statistically reliable estimates. For a comprehensive view of civil trials concluded in the national sample of 156 counties, see 

Civil Bench and Jury Trials in State Courts, 2005 at <http://www.ojp.usdoj.gov/bjs/abstract/

cbjtsc05.htm>. Tort trials include bench and jury trials, trials with a directed verdict, trials that ended in 

a judgment notwithstanding the verdict, and jury trials for defaulted defendants.
October 2009 21

Appendix Table 5. 

Final damage awards for plaintiff winners in tort trials in state courts in 46 of the nation's 

75 most populous counties, by jurisdiction, 2005

Tort trials with plaintiff award winners

County Number of plaintiff winnersa Median final awardb

Contra Costa, CA 2 ^

New York, NY 105 $227,000

Dade, FL 97 128,000

Oakland, MI 37 123,000

Wayne, MI 16 119,000

Palm Beach, FL 48 116,000

Los Angeles, CA 58 106,000

Essex, NJ 40 88,000

Honolulu, HI 5 80,000

Middlesex, NJ 51 79,000

Cook, IL 225 68,000

Suffolk, MA 19 60,000

Bergen, NJ 28 58,000

Ventura, CA 17 56,000

Orange, CA 41 53,000

Middlesex, MA 14 53,000

Orange, FL 27 49,000

Jefferson, KY 18 46,000

San Francisco, CA 42 43,000

Pima, AZ 34 39,000

Fresno, CA 20 39,000

Maricopa, AZ 73 34,000

Alameda, CA 59 30,000

Hartford, CT 33 30,000

Essex, MA 7 29,000

King, WA 81 29,000

Worcester, MA 9 26,000

Bexar, TX 22 26,000

Allegheny, PA 42 23,000

Milwaukee, WI 49 22,000

Fairfield, CT 34 21,000

Philadelphia, PA 308 20,000

Harris, TX 135 20,000

San Bernardino, CA 31 19,000

Santa Clara, CA 14 19,000

Hennepin, MN 50 18,000

El Paso, TX 9 18,000

Franklin, OH 61 16,000

Fairfax, VA 55 15,000

Marion, IN 55 13,000

Dallas, TX 47 13,000

St. Louis, MO 52 12,000

Cuyahoga, OH 87 10,000

Fulton, GA 7 8,000

Mecklenburg, NC 14 8,000

DuPage, IL 38 6,000

Note. The counties used to estimate trials outside the 75 most populous counties were excluded from table because many of 

these counties contained too few trials to obtain statistically reliable estimates. For a comprehensive view of civil trials concluded in the national sample of 156 counties, see Civil Bench and Jury Trials in State Courts, 2005 at <http://

www.ojp.usdoj.gov/bjs/abstract/cbjtsc05.htm>. Variation in award amounts can be partially explained by cost of living among 

respective counties. 

^Too few cases to provide a reliable median.

a

Includes bench and jury trials, trials with a directed verdict, trials that ended in a judgment notwithstanding the verdict, and 

jury trials for defaulted defendants with plaintiff award winners.

bAward data are rounded to the nearest thousand. Median amounts are calculated for compensatory plus punitive damage 

awards, after adjustments for contributory negligence, prior settlement, high/low agreement and damage caps but prior to posttrial activity and appeals.