March 2011 ncj 233094

U.S. Department of Justice

Office of Justice Programs

Bureau of Justice Statistics

BJS

Special Report

Punitive damages were sought in 12% of the estimated 

25,000 tort and contract trials concluded in state courts 

in 2005. Punitive damages were awarded in 700 (5%) 

of the 14,359 trials where the plaintiff prevailed. Among the 

trials in which punitive damages were requested by plaintiff 

winners, 30% received these damages. The median punitive 

damage award for the 700 trials with punitive damages was 

$64,000 in 2005, and 13% of these cases had punitive awards 

of $1 million or more.

Damages awarded in civil trial litigation can take the form of 

compensatory or punitive awards. Punitive damages are not 

awarded for the purpose of compensating injured plaintiffs, 

but are almost exclusively reserved for civil claims in which 

the defendant’s conduct was considered grossly negligent 

or intentional. Punitive damages are intended to serve as a 

means for punishing the defendant and deterring others from 

committing similar actions (Black’s Law Dictionary, 1990).

This BJS special report examines tort and contract cases 

concluded by bench or jury trial in which punitive damages 

were sought or granted in a national sample of state trial courts 

in 2005. The report on punitive damages in civil trials is the 

fourth in a series based on data collected from the 2005 Civil 

Justice Survey of State Courts (CJSSC). The CJSSC examines 

tort, contract, and real property cases disposed by bench and 

jury trials in general jurisdiction courts in 2005. Since the CJSSC 

is based on a 2005 disposition date, many of these cases were 

filed in prior years, but disposed in 2005. Cases were classified as 

trials for inclusion in the CJSSC if 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.

The CJSSC provides case-level information about sampled 

civil trials, such as characteristics of litigants involved in 

trials, type of trial (i.e., bench or jury), civil trial winners, 

compensatory and punitive damage awards, and case 

processing times. The 2005 CJSSC examined tort, contract, 

and real property trials concluded in a national sample of 

urban, suburban, and rural jurisdictions. Prior iterations 

of the CJSSC focused on tort, contract, and real property 

trial litigation in a sample of the nation’s 75 most populous 

counties. The 2005 CJSSC also represents the first time that 

information was collected on whether litigants requested 

punitive damages in civil trial litigation.

By Thomas H. Cohen, J.D., Ph.D., BJS Statistician

and Kyle Harbacek, BJS Intern

Highlights

 Litigants sought punitive damages in 12% of the 

estimated 25,000 civil trials concluded in 2005.

 Punitive damages were sought in 10% of all tort trials; 

however, for certain case types including slander or libel, 

conversion, and intentional tort cases, punitive damages 

were requested in approximately 30% of trials.

 Punitive damages were awarded in 700 (5%) of the 14,359 

trials where plaintiffs prevailed.

 Plaintiffs received punitive damages in 30% of the 1,761 

civil trials in which these damages were requested and 

the plaintiff prevailed. 

 The median punitive damage award was $64,000, and 

13% of cases with punitive awards had damages of $1 

million or more.

 In 76% of the 632 civil trials with both punitive and 

compensatory damages, the ratio of punitive to 

compensatory damages was 3 to 1 or less.

 Differences in punitive damages between bench and jury 

trials were greater in contract cases than in tort cases. 

 Litigants filed motions for post-trial relief in nearly half of 

civil trials with punitive damages and appeals in about a 

third of civil trials with punitive damages.

Punitive Damage Awards 

in State Courts, 2005
2 Punitive Damage Awards in State Courts, 2005

Punitive damages were sought in 12% of civil trials

Punitive damages were sought in 12% of the estimated 

25,000 tort and contract trials concluded in the national 

sample of counties in 2005 (table 1).Real property trials are 

not analyzed in this report because information on plaintiff 

winners receiving punitive damages for this case type were 

not available. 

Punitive damages were sought in 10% of the 16,057 tort 

trials; however, for certain tort case types, such as slander 

or libel, conversion, and intentional tort cases, punitive 

damages were requested in approximately 30% of trials. 

For the more common tort case types, including premises 

liability, automobile accident, and medical malpractice—

which together accounted for 84% of tort trials—litigants 

requested punitive damages in 7% of these cases.

Punitive damages were sought in 16% of the 8,874 contract 

trials concluded in the national sample in 2005. For certain 

contract case types, such as tortious interference, fraud, 

and employment discrimination cases, punitive damages 

were sought in more than 30% of trials. In some of the more 

common contract case types, such as seller plaintiff cases, 

punitive damages were sought in less than 10% of trials. 

The variation in punitive damage claims by case type might 

be influenced by the legal elements inherent in the CJSSC 

case categories. Certain civil claims, such as intentional 

torts (e.g., assault or battery) or slander or libel tend to 

have elements of willful or intentional behavior that would 

be expected to support a punitive damages request.1

Other CJSSC case categories, such as automobile accident 

or premises liability, typically do not involve elements 

of intentional or reckless behavior that could be used to 

support a punitive damages award.

Table 1 

Percentage of civil trials in state courts with litigants seeking 

punitive damages, by all trials and trials with plaintiff 

winners, 2005

All civil trials

Civil trials with 

plaintiff winners

Case type Number

Punitive 

damages

sought Number

Punitive 

damages

sought

All cases 24,929 12% 14,550 13%

Torta 16,057 10% 8,645 10%

Slander/libel 186 33 -- --

Conversion 377 31 -- --

Intentional tort 724 29 429 33

Other or unknown tort 642 24 305 27

Product liabilityb 350 12 101 4

Professional malpractice 143 15 -- --

Medical malpractice 2,448 8 591 10

Automobile accident 9,173 7 6,062 7

Premise liability 1,815 5 718 4

Contractc 8,874 16% 5,904 17%

Tortious interference 151 42 -- --

Fraud 1,108 32 665 39

Employmentd 873 32 491 36

Other or unknown contract 242 21 137 23

Buyer Plaintiff 2,574 17 1,642 23

Seller plaintiff 2,871 6 2,184 4

Rental/lease 605 4 342 4

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

punitive damages in the complaint or made by parties prior to trial verdict or judgment 

date. Data on the number of trials in which punitive damages were sought were available for 

99.9% of all civil trials and 99.9% of civil trials with plaintiff winners. Several tort and contract 

case categories are not shown because there were too few cases of such types to obtain 

statistically reliable estimates. Detail may not sum to total due to rounding.

 --Too few cases to obtain statistically reliable estimates.

aIncludes all tort cases, including those not listed in this table.

bIncludes asbestos and other product liability cases.

cIncludes all contract cases, including those not listed in table.

dIncludes employment discrimination and other employment dispute cases.

Report focuses on punitive damages in the 3% of civil cases concluded by trial

When examining punitive damage awards in civil trial 

litigation, it is important to consider that the number of 

cases being analyzed is relatively small compared to the 

entire universe of potential civil dispositions. The 2005 

CJSSC included aggregate counts of civil trial and non-trial 

dispositions in 116 jurisdictions. In these jurisdictions, an 

estimated 3% of the 439,341 civil cases were disposed of 

by bench or jury trial (table 2). Trial rates varied slightly 

across the primary civil case categories with 4% of tort and 

2% of contract cases being resolved through bench or jury 

trial. Although punitive award figures are available for the 

3% of civil cases disposed through trial, no information is 

available about punitive damages as part of the settlement 

agreement for civil cases that settled. 

Table 2

Number of trial and non-trial dispositions of civil cases, 

2005

Jurisdictions 

reporting

Total 

dispositions

Disposition by trial

Case type Number Percentage 

All civil cases 116 439,341 14,812 3.4%

Torts 104 140,929 4,986 3.5

Contacts 107 189,619 4,014 2.1

Note: The percentage of civil cases disposed of by trial were not calculated from all 156 

jurisdictions participating in the 2005 CJSSC. A total of 116 jurisdictions were able to 

provide counts of both trial and non-trial dispositions for all civil cases. The tort and 

contract case categories will not sum to totals because fewer jurisdictions provided 

counts of trial and non-trial dispositions by these case types. Data presented only 

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

provide national-level estimates.

1Eisenberg, Theodore; Heise, Michael; Waters, Nicole L.; and Wells, Martin 

T., The Decision to Award Punitive Damages: An Empirical Study (June 1, 

2009). Cornell Legal Studies Research Paper No. 09-011, CELS 2009 4th 

Annual Conference on Empirical Legal Studies Paper. Available at SSRN: 

http://ssrn.com/abstract=1412864.
Ma rch 2011 3

Punitive damages were sought in a fifth of trials 

involving individuals suing government defendants

The CJSSC data allow for an examination of punitive damage 

claims by the characteristics of plaintiffs and defendants 

involved in civil trial litigation. In more than 70% of civil 

trials, individuals sued either other individuals or businesses 

(table 3). For these trials, punitive damages were requested 

relatively infrequently. Punitive damages were sought in 

10% of trials in which both the plaintiff and defendant were 

individuals and 16% of trials in which the plaintiff was an 

individual and the defendant a business. The third most 

common litigant pairing category involved businesses suing 

other businesses, and punitive damages were sought in 13% 

of these cases. Punitive damages were also sought in about 

21% of trials with individual plaintiffs and government 

defendants.

Litigants sought punitive damages in 25% of trials 

with compensatory awards exceeding $1 million

Compensatory damages are awarded for the purpose 

of compensating injured parties for economic (e.g., lost 

wages and medical expenses) or non-economic (pain and 

suffering) damages. Litigants sought punitive damages 

in 12% of civil trials with compensatory awards ranging 

from $1 to $100,000, and 15% of trials with compensatory 

awards ranging from $100,001 to $1 million (table 4). 

Punitive damages were sought in 25% of civil trials with 

compensatory awards above $1 million. 

Table 3

Percentage of civil trials in state courts with litigants seeking 

punitive damages, by litigant pairings and trials with 

plaintiff winners, 2005

All civil trials

Civil trials with 

plaintiff winners

Litigant pairings Number

Punitive 

damages

sought Number

Punitive 

damages

sought

Individual versus—

Individual 10,280 10% 6,026 10%

Business 7,210 16 4,356 19

Hospital 1,564 9 442 8

Government 1,218 21 458 21

Business versus—

Individual 1,709 7% 1,293 4%

Business 2,520 13 1,650 11

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

punitive damages in the complaint or made by parties prior to trial verdict or judgment date. 

Data on litigant pairings available for 99% of civil trials. Table excludes trials with litigant 

pairings involving businesses suing hospitals or governments or governments/hospitals 

suing various parties because there were too few trials in each category to produce reliable 

estimates.

Table 4

Percentage of civil trials in state courts with litigants 

seeking punitive damages, by compensatory damage award 

amounts, 2005

Amount of compensatory damages awarded

Number of 

civil trials

Punitive 

damages

sought

None 9,733 11%

$1 to $50,000 9,462 12

$50,001 to $100,000 2,012 12

$100,001 to $250,000 1,527 15

$250,001 to $1,000,000 1,347 15

Over $1 Million 638 25

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

punitive damages in the complaint or made by parties prior to the trial verdict or judgment 

date. Data on compensatory award amounts were available for 99% of civil trials with these 

damages.
4 Punitive Damage Awards in State Courts, 2005

Punitive damages were awarded in 5% of trials with 

plaintiff winners

Punitive damages were awarded in 700 (5%) of the 14,359 

civil trials in which the judge or jury found for the plaintiff 

(table 5). By general case type, punitive damages were 

awarded in a higher percentage of contract trials (8%) than 

tort trials (3%). Several prevalent case categories, including 

medical malpractice, automobile accident, and premises 

liability, recorded punitive damages being awarded in 1% or 

less of cases. 

In comparison to these case categories, several specific case 

types concluded with relatively higher rates of punitive 

damage awards. Among torts, punitive damages were 

awarded in nearly a third of intentional tort cases. For 

contracts, courts awarded punitive damages in more than 

a fifth of contractual fraud or employment discrimination 

cases. 

Punitive damages were awarded in nearly 1 of every 3 

trials in which these damages were requested

The overall percentage of civil trials with plaintiff winners 

awarded punitive damages increases to 30% when the base 

of trials is reduced to include only those 1,761 trials in which 

punitive damages were sought (table 6). Punitive damages 

were awarded in 23% of tort and 35% of contract trials in 

which these damages were requested. 

Punitive damages were awarded in 7% of trials 

involving individual plaintiffs and business defendants

Overall, there was little difference in the percentage of trials 

with punitive damage awards when categorized by litigant 

pairings. The percentage of trials with punitive damages 

ranged from 3% in cases involving business litigants only 

to 7% in cases involving individual plaintiffs and business 

defendants (table 7). Among trials in which punitive 

damages were requested, damages were awarded in a third 

involving individual plaintiffs and business defendants (33%) 

(not shown in table). 

Table 5

Plaintiff winners awarded punitive damages in civil trials in 

state courts, by case type, 2005

Case type

Number 

of trials

Percentage awarded 

punitive damagesa

All cases 14,359 5%

Tortb 8,519 3%

Intentional tort 426 30

Other or unknown tort 299 5

Product liabilityc 95 1

Medical malpractice 567 1

Automobile 5,984 1

Premise liability 712 ...

Contractd 5,840 8%

Fraud 661 23

Employmente 447 22

Other or unknown contract 132 15

Buyer plaintiff 1,642 8

Rental/lease 341 2

Seller plaintiff 2,175 1

Note: Table includes only those trials in which one or more plaintiffs prevailed. Data on 

awarding of punitive damages were available for 98.5% of all trials. Several tort and contract 

case categories are not shown because there were too few cases to obtain statistically 

reliable estimates. Detail may not sum to total due to rounding.

aIncludes some trials in which litigants did not seek but were awarded punitive damages.

bIncludes all tort cases, including those not listed in table.

cIncludes asbestos and other product liability cases.

dIncludes all contract cases, including those not listed in table.

eIncludes employment discrimination and other employment dispute cases.

 ...Less than 0.5%.

Table 6

Plaintiff winners who requested and were awarded punitive 

damages in civil trials in state courts, by case type, 2005

Case type

Number 

of trials

Percentage awarded 

punitive damages

All cases 1,761 30%

Tort 790 23

Contract 971 35

Note: Table includes only those trials in which one or more plaintiffs prevailed and sought 

punitive damages. The number of trials with punitive damage awards in all cases (table 5) 

will not match the number with punitive damage awards in cases where these damages 

were requested (table 6). In some instances, statutory rules allow jury or judge to consider 

awarding punitive damages in cases where no formal request was made. Data on awarding 

of punitive damages were available for 96.6% of trials in which these damages were formally 

requested. Detail may not sum to total due to rounding.

Table 7

Plaintiff winners awarded punitive damages in civil trials in 

state courts, by litigant pairings, 2005

Litigant pairings

Number 

of trials

Percentage awarded 

punitive damages

Individual versus—

Individual 5,994 4%

Business 4,236 7

Hospital 432 6

Government 445 5

Business versus—

Individual 1,290 5%

Business 1,638 3

Note: Table includes only those trials in which the plaintiff prevailed. Table excludes trials 

with litigant pairings involving businesses suing hospitals or governments or governments/

hospitals suing various parties because there were too few trials in these litigant pairing 

categories to produce statistically reliable estimates. Data on awarding of punitive damages 

were available for 98.3% of all trials.
Ma rch 2011 5

Median punitive damage awards were $64,000 

The median damage amounts awarded to plaintiff winners in 

the 700 trials with punitive damages was $64,000 (table 8). 

Nearly 30% of punitive awards equaled or exceeded $250,000 

and 13% were $1 million or more. For the general civil case 

categories, the median punitive awards ranged from $55,000 

in tort to $69,000 in contract cases. 

In 76% of trials with punitive damages the ratio of 

punitive to compensatory awards was 3 to 1 or less 

The relationship between the plaintiff ’s economic and 

non-economic losses and the amount of punitive damages 

awarded, as expressed by the ratio of compensatory and 

punitive damages, has been an area of interest in Supreme 

Court jurisprudence. In several cases—culminating in the 

2003 decision of State Farm Automobile Insurance Company 

v. Campbell (123 S.Ct. 1513: 1524, April 7, 2003)—the 

Court held that, “Few awards exceeding a single digit ratio 

between punitive and compensatory damages...will satisfy 

due process.” Eight percent of trials with punitive damages 

reported ratios of punitive to compensatory awards of 

greater than 10 to 1 (not shown in table). 

In 76% of the 632 civil trials with both punitive and 

compensatory awards, the ratio of punitive to compensatory 

damages was 3 to 1 or less (table 9). In trials with a ratio of 

punitive to compensatory awards ranging between 1 to 1 

and 3 to 1, the median punitive and compensatory awards 

were similar ($100,000). About 24% of trials with punitive 

damages registered a ratio of punitive to compensatory 

awards of more than 3 to 1. In these trials, the median 

compensatory award was about $22,000, while the median 

punitive award was $352,000.

Table 8

Punitive damage award amounts in civil trials in state courts, by case type, 2005

Percentage of trials with punitive damage awards

Case type

Number 

of trials

Median 

punitive award 

Under

$10,000

$10,000-

$49,999

$50,000-

$249,999

$250,000-

$999,999

$1 million 

or more

All cases 700 $64,000 15% 27% 28% 16% 13%

Tort 254 55,000 23 18 35 7 17

Contract 446 69,000 10 33 25 22 11

Note: The 700 trials with punitive damages includes trials in which punitive damages were not formally requested. In some instances, statutory rules allow jury or judge to consider awarding 

punitive damages in cases where no formal request was made. Medians calculated from only those cases in which punitive damages were awarded. Detail may not sum to total due to 

rounding.

Table 9

Ratio of punitive to compensatory damage awards in civil 

trials in state courts, 2005

Punitive to compensatory 

awards ratio

Number

of trials

Median damage awards

Punitive Compensatory

All civil trials 632 $76,000 $58,000

1-to-1 ratio or less 280 26,000 76,000

>1-to-1 ratio and ≤ 3-to-1 ratio 200 100,000 100,000

>3-to-1 ratio 151 352,000 22,000

Note: The number of trials with punitive and compensatory awards (632) will not equal the 

total number with punitive damages (700). There were 68 trials with punitive damages in 

which no compensatory damages were awarded. Medians calculated from only those cases 

in which both punitive and compensatory damages were awarded. Detail may not sum to 

total due to rounding.
6 Punitive Damage Awards in State Courts, 2005

Differences in punitive damages between bench and 

jury trials were greater in contract than tort cases

Juries and judges differ more frequently in contract than in 

tort cases in terms of punitive damage award activity. Between 

tort bench and jury trials, no detectable differences were 

observed between the percent that requested or were awarded 

punitive damages (table 10). Even when the population of tort 

cases was restricted to those in which punitive damages were 

sought, the percentage of litigants awarded these damages 

in jury and bench trials were identical (22%) (not shown in 

table).

In contrast to tort cases, punitive damages were sought more 

frequently and awarded more often in contract jury trials 

than in contract bench trials. Punitive damages were sought 

in 28% of jury and 9% of bench trials involving contract 

claims. In cases with plaintiff winners, punitive damages 

were awarded in 20% of contract cases adjudicated before 

juries and 2% of contract cases tried before judges. 

Table 10

Comparing punitive damages between bench and jury civil trials concluded in state courts, 2005

Jury trials Bench trials

Confidence interval Confidence interval

Cases and outcomes Estimate Lower bound Upper bound Estimate Lower bound Upper bound

Percent of all trials in which 

punitive damages were soughta

All cases 13% 10% 16% 11% 7% 14%

Tort 10 7 12 15 9 21

Contract 28 22 34 9 6 13

Percent of trials with plaintiff winners 

in which punitive damages were soughtb

All cases 14% 10% 17% 10% 6% 14%

Tort 9 6 11 16 8 23

Contract 33 26 41 9 5 14

Percent of trials with plaintiff winners 

awarded punitive damagesc

All cases 6% 4% 8% 3% 2% 3%

Tort 3 2 4 4 1 7

Contract 20 12 27 2 1 3

Note: Confidence intervals were calculated by using a replication method (i.e., jackknife, specifically JKN) available in WESVAR PC. Punitive damages analyses between bench and jury trials 

excludes jury trials in which the jury presided over the case but did not determine liability or damages including punitive awards. Among jury trials excluded are trials with a directed verdict, 

judgments notwithstanding the verdict (JNOV), and jury trials for defaulted defendants. The confidence interval is at a 95% level. aThe number of jury trials in which punitive damages could have been sought included 14,107 tort and 3,054 contract cases. The number of bench trials in which punitive damages could have 

been sought included 1,593 tort and 5,682 contract cases.

bThe number of jury trials with plaintiff winners in which punitive damages could have been sought included 7,491 tort and 1,899 contract cases. The number of bench trials with plaintiff 

winners in which punitive damages could have been sought included 985 tort and 3,948 contract cases.

cThe number of jury trials with plaintiff winners in which punitive damages could have been awarded included 7,376 tort and 1,838 contract cases. The number of bench trials with plaintiff 

winners in which punitive damages could have been awarded included 982 tort and 3,944 contract cases. The numbers in footnotes b and c differ because information on punitive damage 

awards was missing from 2% of civil trials.
Ma rch 2011 7

Table 11

Post-trial motions filed in civil trials with punitive damages 

awarded to plaintiff winners in state courts, by case type, 

2005

Case type Number of trials

Percentage with 

post-trial motions

All cases 700 47%

Tort 254 50

Contract 446 45

Note: Post-trial relief includes motions for judgment notwithstanding the verdict (JNOV), 

new trial, award modification, or some other form of relief. Information on post-trial activity 

was available for all civil trials with punitive damage awards. Detail may not sum to total due 

to rounding.

Table 12

Notices of appeal filed in civil trials with punitive damages 

awarded to plaintiff winners in state courts, by case type, 

2005

Case type Number of trials Percentage of trials appealed

All cases 700 29%

Tort 254 21

Contract 446 33

Note: Appeals encompass cases in which the litigant filed a notice with the trial court judge 

to take an appeal. Information on appellate activity was available for all civil trials with 

punitive awards. Detail may not sum to total due to rounding.

Post-trial motions were filed in nearly half of trials with 

punitive damages

After a trial reaches final verdict or judgment, litigants can 

file post-trial motions seeking to modify or overturn the 

trial court outcome. These motions include motions for 

judgments notwithstanding the verdict, or motions for a new 

trial, to modify the award, or for some other form of relief. 

Overall, litigants filed post-trial motions in nearly half (47%) 

of the 700 civil trials with punitive damage awards (table 

11). In comparison, post-trial motions were filed in about 

30% of the 14,550 civil trials with plaintiff winners, including 

those with and without punitive awards (not shown in table).

Litigants filed appeals in nearly a third of trials with 

punitive damages

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 of appeal were filed with the 

trial court by one or both parties in 29% of the 700 civil 

trials with punitive damage awards (table 12). Among the 

14,550 civil trials with plaintiff winners, the perent in which 

an appeal was filed by one or both parties was 17% (not 

shown in table). Notices of appeal were filed in a fifth of tort 

and a third of contract cases with punitive damages. 
8 Punitive Damage Awards in State Courts, 2005

Methodology

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. 

Selection of counties

The sample is a stratified sample with 46 of the 75 most 

populous counties selected. The 75 most populous counties 

were divided into five strata: four were based on civil 

disposition data obtained in 1992 through telephone 

interviews with court staff in the general jurisdiction 

trial courts, and one stratum was added in 2001 to reflect 

population changes. Stratum 1 consisted of the 14 counties 

with the largest number of civil case dispositions. Every 

county in stratum 1 was selected with certainty. Stratum 

2 consisted of 13 counties with 11 chosen for the sample. 

From strata 3, 10 of the 18 counties were selected. Nine of 

the 26 counties in stratum 4 were included in the sample. 

Stratum 5 was added to the 2001 sample to replace Norfolk 

County, Massachusetts, a stratum 4 site that participated in 

the 1992 and 1996 studies but that fell out of the 75 most 

populous counties in the 2000 census. Mecklenburg County, 

North Carolina, and El Paso County, Texas, were randomly 

selected from the four counties whose population increased 

sufficiently that they joined the ranks of the 75 most 

populous counties.

In addition to sampling civil trial litigation in the nation’s 

75 most populous counties, a sample of counties 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 PSUs 

were formed through use of the following criteria: (1) they 

respected state lines, (2) they were based on one or more 

contiguous counties, and (3) they required a minimum 

estimated 2004 population of 10,000 persons. The average 

number of counties in each PSU was 1.22, with a maximum 

of 5 counties per PSU. 

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. Two PSUs were selected 

with equal probability within each of the fifty strata for a total 

of 100 PSUs and 110 counties in the supplemental sample. 

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. All PSUs selected for 

the CJSSC either participated or substitutes were found for 

non-responsive units from a shadow sample; therefore, nonresponse adjustments were not needed for this survey.

Selection of cases

The second stage of the sample design generated 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: 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.

Weighting

For the sample of civil trials occurring in the nation’s 75 

most populous counties, data on 7,682 civil trials met the 

study criteria. When these trials are weighted to the nation’s 

75 most populous counties, they represent 10,813 civil trials. 

For the sample of civil trials occurring outside the nation’s 

75 most populous counties, data on 1,190 civil trials met the 

study criteria. When these trials are weighted, they represent 

16,135 civil trials disposed in counties outside the nation’s 75 

most populous (appendix table 1).

The weighted estimate of 26,948 civil 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 and contract filings in state courts are available, the 

National Center for State Courts Court Statistics Project 

reports 425,611 tort cases being filed in the unified/general 

jurisdiction courts of 32 states and 1,121,979 contract cases 

being filed in the unified/general jurisdiction courts of 28 

states in 2005 (LaFountain, R., Schauffler, R., Strickland, S., 

Raftery, W., & Bromage, C., Examing the Work of State Courts, 

2006; A National Perspective from the Court Statistics Project

(National Center for State Courts 2007)).

Confidence of intervals

Because the data come from a sample, a sampling error 

and confidence intervals are associated with each reported 

number. Confidence intervals and standard errors for several 

key variables are reported in table 10 and appendix table 2. 

These confidence intervals show where the reported CJSSC 

numbers would fall 95% of the time in repeated sampling. 

BJS statisticians examined the distribution of unweighted 

outcome statistics and the sampling error, confidence 
Ma rch 2011 9

intervals, and coefficients of variation associated with each 

to identify outcome statistics most prone to sampling error. 

Those statistics with a coefficient of variation twice the 

estimated mean were deemed to be statistically unreliable 

and were not included in this report. 

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 survey instrument 

constructed in a spreadsheet format 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 case 

types.

GLOSSARY

Tort claims terms

Torts—Claims arising from personal injury or property 

damage caused by negligent or intentional acts of another 

person or business. 

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’s personal 

property.

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 nonmedical 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.

Contract cases terms

Contracts—Cases that include all allegations of breach of 

contract.

Buyer plaintiff—Buyer claims no delivery or delivery of 

incomplete, incorrect, or poor quality goods or services.

Employment discrimination—Firing, failure to promote, or 

failure to hire due to age, race, gender, or religion. Also, any 

dispute between employer and employee not based on an 

allegation of discrimination.

Fraud—Claim of negligent or intentional misrepresentation 

of the nature of a person, product, or service within a legal 

contract.

Other contract claim—Any contractual dispute other than 

the case categories used in this study, such as stockholder 

claims.

Rental/lease agreement—A dispute between a landlord 

and a tenant over the terms of a lease or rental property.

Seller plaintiff—Any debt collection for delivery of goods or 

services, including lenders seeking payment of money owed 

by a buyer or borrowers.

Tortious interference—Dispute alleging a defendant’s 

intentional procuring of breach of a commercial or 

contractual relationship and damages.

Damage award terms

Compensatory damages—Damages awarded to 

compensate plaintiffs for financial losses, pain, suffering, or 

emotional distress resulting from defendants’ negligence. 

Compensatory damages include both economic and noneconomic damages:

Economic damages—Economic damages are awarded for 

actual financial losses (e.g., medical costs, lost wages, lost 

future earnings, property damages) suffered by litigant.

Non-economic damages—Non-economic damages are 

awarded for pain and suffering, emotional distress, or loss of 

consortium. 

Punitive damages—Punitive damages are awarded as a 

punishment for intentionally or grossly negligent behavior. 

They are awarded for the purposes of punishment rather 

than compensation. 
10 Punitive Damage Awards in State Courts, 2005

Appendix table 2

Standard errors and confidence intervals for civil trials 

in which punitive damages were requested or awarded, 

by selected characteristics, 2005 Civil Justice Survey of 

State Courts

Confidence 

interval

Cases and outcomes Estimate

Standard 

error

Lower 

bound

Upper 

bound

Percent of trials in which 

punitive damages were sought

All cases 12% 1.2% 10% 14%

Tort 10 1.2 8 13

Contract 16 1.6 13 19

Percent of trials with plaintiff 

winners in which punitive 

damages were sought

All cases 13% 1.3% 10% 15%

Tort 10 1.1 7 12

Contract 17 2.1 13 21

Percent of trials in which plaintiff 

winners were awarded punitive 

damages

All cases 5% 0.6% 4% 6%

Tort 3 0.6 2 4

Contract 8 1.3 5 10

Percent of trials with punitive 

awards from trials where punitive 

damages were sought

All cases 30% 4.0% 22% 38%

Tort 23 5.3 13 34

Contract 35 5.6 24 46

Median punitive damage awards

All cases $64,000 $18,000 $28,000 $98,000 

Tort 55,000 19,000 23,000 97,000 

Contract 69,000 42,000 25,000 193,000 

Note: Standard errors were calculated by using a replication method (i.e., jackknife, 

specifically JKN) available in WESVAR PC. Confidence interval is at 95% level. 

Appendix table 1

2005 Civil Justice Survey of State Courts sampling 

framework

Sampling frame

75 most 

populous counties

Outside the 75 most 

populous counties

Number of U.S. counties with 

population of 10,000 or more 75 2,518

Counties sampled 46 110

Cases meeting study criteria 7,682 1,190

Weighted cases 10,813 16,135

Average weight 1.41 13.56

Note: Cases meeting study criteria will not match those in appendix table 3 because real 

property and bifucated trials involving liability claims were included in this table, but 

excluded throughout this report.

Appendix table 3

Percentage of civil trials in state courts with litigants seeking 

punitive damages, by the sampled CJSSC jurisdictions, 2005

All civil trials

Civil trials with 

plaintiff winners

Sampled counties Number

Punitive 

damages sought Number

Punitive

damages sought

Sample of counties in 

46 of nation’s 75 most 

populous 7,373 8% 3,889 9%

Fulton, GA 36 36 22 46

Franklin, OH 131 32 93 23

Santa Clara, CA 51 31 25 36

Los Angeles, CA 354 27 189 32

Contra Costa, CA 25 24 10 30

Bexar, TX 75 24 33 39

Honolulu, HI 18 22 10 30

Fairfax, VA 166 21 102 23

Mecklenburg, NC 38 21 29 14

San Francisco, CA 116 21 64 19

Orange, CA 254 20 129 25

San Bernardino, CA 70 17 40 15

St. Louis, MO 141 16 82 13

Ventura, CA 71 16 35 11

Alameda, CA 167 14 98 19

Dupage, IL 81 12 53 13

Maricopa, AZ 238 11 116 15

El Paso, TX 40 8 27 11

Fairfield, CT 70 7 47 2

Jefferson, KY 110 6 45 13

Bergen, NJ 155 6 57 7

Cuyahoga, OH 230 6 124 5

Prima, AZ 75 5 46 7

Hartford, CT 75 5 44 5

Dade, FL 201 5 125 4

Orange, FL 69 4 37 8

New York, NY 346 4 161 4

Milwaukee, WI 117 4 73 3

Harris, TX 506 4 259 6

Philadelphia, PA 608 4 357 5

Middlesex, NJ 207 4 78 4

Hennepin, MN 167 4 93 5

Essex, NJ 129 3 59 3

Dallas, TX 199 3 85 2

Allegheny, PA 216 3 114 4

Marion, IN 126 2 85 2

Fresno, CA 51 2 35 3

Oakland, MI 147 2 76 1

Middlesex, MA 103 2 27 0

Palm Beach, FL 113 2 73 3

Cook, IL 681 2 365 3

Essex, MA 55 2 16 6

Suffolk, MA 125 2 37 3

King, WA 182 2 126 2

Worcester, MA 69 0 18 0

Wayne, MI 169 0 70 0

Sample of counties 

outside nation’s 75 most 

populous 1,103 15% 665 16%

Note: Sample of counties outside the 75 most populous were combined because many of 

these counties had fewer than 10 trials, which precludes the generation of 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. Detail may not sum to total due to rounding.
Ma r

ch 2011 11

Appendix table 4

Punitive damages awarded in civil trials in state courts, 

by the sampled CJSSC jurisdictions, 2005

Sampled counties

Number of trials with 

plaintiff winners

Percentage with punitive 

damage awards

Sample of counties in 46 of 

nation’s 75 most populous 3,8134%

Bexar, TX 33 18 Santa Clara, CA 24 17

Jefferson, KY 44 14 Alameda, CA 98 10

Contra Costa, CA 10 10

Fairfax, VA 102 10 St. Louis, MO 82 10

Fulton, GA 229

Los Angeles, CA 1879

Franklin, OH 929

Ventura, CA 359

San Francisco, CA 648

Orange, CA 1298

El Paso, TX 277

Essex, MA 166

Dupage, IL 536

Cuyahoga, OH 1235

Allegheny, PA 1105

Hennepin, MN 904

Harris, TX 2584

Wayne, MI 514

Mecklenburg, NC 284

Maricopa, AZ 1144

Dallas, TX 854

Milwaukee, WI 683

Orange, FL 363

Palm Beach, FL 723

Suffolk, MA 373

Dade, FL 1252

Hartford, CT 442

Prima, AZ 462

Fairfield, CT 472

Essex, NJ 592

Cook, IL 3382

Middlesex, NJ 781

Oakland, MI 751

Philadelphia, PA 3571

King, WA 1261

New York, NY 1591

Sample of counties outside 

nation’s 75 most populous 6565%

Note: Sample of counties outside the 75 most populous were combined because many of these 

counties had fewer than 10 trials, which precludes the generation of 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.bjs.gov/bjs/abstract/cbjtsc05.htm. Not all 

46 of the nation’s 75 most populous counties are shown in list because several reported no punitive 

damage awards. These counties were combined and included in the sub-total. Detail may not sum 

to total due to rounding.
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ncj233094

The Bureau of Justice Statistics is the statistical agency of the 

U.S. Department of Justice. James P. Lynch is the director.

This report was written by Thomas H. Cohen and Kyle 

Harbacek under the supervision of Duren Banks. Ron 

Malega verified the report. Nicole L. Waters, Ph.D. of the 

National Center for State Courts provided comments.

Catherine Bird and Jill Thomas edited the report, Barbara 

Quinn produced the report, and Jayne Robinson prepared 

the report for final printing under the supervision of Doris 

J. James.

March 2011, NCJ 233094

This report in portable document format and in 

ASCII and its related statistical data and tables are 

available at the website: http://www.bjs.gov/index.

cfm?ty=pbdetail&iid=2376.