By Marika F. X. Litras

Sidra Lea Gifford

Carol J. DeFrances

BJS Statisticians

David B. Rottman

Neil LaFountain

Brian J. Ostrom

National Center for State Courts

Tort claims comprised over 65% of the

estimated 15,000 tort, contract, and

real property rights cases decided by a 

trial in the Nation’s 75 largest counties

in 1996. In tort cases plaintiffs allege

injury, loss, or damage from negligent

or intentional acts of defendants.

About 85% of the estimated 10,278 tort

trials during 1996 were decided by a

jury.

This Bulletin focuses on trials because

the availability of compensation data is

generally limited to cases decided by

trial. When civil cases are settled,

compensation amounts are routinely

not reported to the court. Award information, particularly jury awards, have

been a central focus of tort reform.1

This is the third in a series of reports 

based on the Civil Justice Survey of

State Courts, 1996, which collected

sample data about tort, contract, and

real property rights cases decided by a

• During 1996 an estimated 10,278

tort cases were decided by a trial in

the Nation’s 75 largest counties. A

jury decided about 85% of these tort

trial cases, including nearly all (93%)

of the medical malpractice trials.

• Forty-two percent of tort trials involved a private individual suing

another individual. About 39% of tort

claims involved an individual suing a

business.

• Plaintiffs won in 48% of tort trial

cases. Plaintiffs were more likely to

win in tort trials decided by a judge

(57%) than a jury (48%). Plaintiffs

won in 58% of automobile accident

trials, 57% of intentional tort trials,

and 23% of medical malpractice

trials.

• The median final award to plaintiff 

winners in tort trials during 1996 was

about $31,000. Seventeen percent of

final awards exceeded $250,000 and

6% were $1 million or more.

• About 3% of plaintiff winners in tort

trials were awarded punitive damages.

The median punitive damage award

was $38,000. Twenty-four percent of

plaintiff winners were awarded punitive

damages when defendants acted with

general or specific intent (intentional

tort).

• The median case processing time 

for tort cases from filing to the verdict

or final judgment was 22 months 

for jury trials and 19 months for 

bench trials.

 Highlights

Median final award amounts (compensatory and punitive) to plaintiff

winners in tort trial cases in the Nation’s 75 largest counties, 1996

Automobile

Slander/libel

All tort cases

Intentional tort

Premises liability

Other negligence

Professional malpractice

Other product liability

Medical malpractice

Asbestos $308,755

$285,576

$176,787

$85,525

$76,363

$57,340

$32,000

$30,500

$21,759

$17,931

U.S. Department of Justice 

Office of Justice Programs

Bureau of Justice Statistics

Bulletin

1

B. Ostrom, D. Rottman, and J. Goerdt, “Step

above Anecdote: A Profile of the Civil Jury in 

the 1990s,” Judicature, 79(5),1996, p. 233; 

Erik Moller, Trends in Civil Jury Verdicts since

1985, RAND, MR-694-ICJ,1996. 

Civil Justice Survey of State Courts, 1996 

Tort Trials and Verdicts 

in Large Counties, 1996

 August 2000, NCJ 179769
trial in State courts of general jurisdiction in the Nation’s 75 largest counties.2

The sample of civil trial cases excluded

civil cases that were not tort, contract,

or real property rights cases. Also

excluded were Federal trials, trials in

counties outside the 75 largest, and

trials in State courts of limited

jurisdiction.

Types of torts trials

Automobile accident cases accounted

for 49% of all tort trials in courts of

general jurisdiction during 1996 and 

premises liability cases 22% (table 1).

Approximately 12% of tort trials were

medical malpractice cases, and 6%

were other negligence cases.

Type of trial verdict

Most tort trial cases were decided by a

jury (85%) rather than a judge (12%).3

 

Forty-seven State constitutions guarantee the right to a jury trial in civil

cases in State courts.4

 Similar to the

Federal rule (Fed. R. Civ. P. 38) most

States require either the plaintiff or the

defendant to demand a jury trial, otherwise they forfeit the right to a jury and

the case is decided by a judge. 

The frequency of jury verdicts varied by

the kind of tort case (table 1). Asbestos trial cases were most likely

to be decided by a jury verdict (99%),

followed by medical malpractice cases

(93%) and automobile accident cases

(89%).

Litigants

An estimated 37,561 litigants (plaintiffs

and defendants) were involved in the

10,278 tort trials in the Nation’s 75

largest counties during 1996. There

were an estimated 15,600 plaintiffs and

22,000 defendants (table 2). Thirtyeight percent of tort trials involved one

plaintiff and one defendant (not shown

in a table).

The median number of plaintiffs and

defendants differed little by the type 

of tort case. Asbestos cases provided

an exception with a median of 18

defendants per case.

2 Tort Trials and Verdicts in Large Counties, 1996

2

Civil Trial Cases and Verdicts in Large

Counties, 1996 (NCJ 173426) and Contract

Trials and Verdicts in Large Counties, 1996

(NCJ 179451). These BJS Bulletins are 

available on the Internet at

http://www.ojp.usdoj.gov/bjs/civil.htm. 3

The term verdict is used throughout the report

to refer to jury verdicts and judgments entered

by a judge. For size and verdict rule for civil trial

juries in State courts of general jurisdiction, see

State Court Organization, 1998 (NCJ 178932). 4

Paul Mogin, “Why Judges, Not Juries, Should

Set Punitive Damages,” University of Chicago

Law Review, 65,1998, p. 179.

Note: Details may not sum to total due to rounding.

--No cases recorded in the sample.

a

Other trial cases include trials with a directed verdict, judgments

notwithstanding the verdict, and jury trials for defaulted defendants.

b

Includes breast implant trials, other product liability trials as described on page

3, and product liability trials with unknown product type.

Other negligence 645 6.3 76.6 20.5 2.9

Slander/libel 109 1.1 71.8 23.2 5.0

Professional malpractice 186 1.8 59.8 36.5 3.7

Medical malpractice 1,201 11.7 93.1 4.4 2.5

Intentional tort 491 4.8 71.6 26.1 2.3

Other product liability 238 2.3 84.3 14.3 1.4 b

Asbestos 183 1.8 98.9 -- 1.1

Premises liability 2,232 21.7 80.5 15.8 3.7

Automobile 4,994 48.6% 88.9% 9.6% 1.6%

 All tort trials 10,278 100.0% 85.3% 12.4% 2.3%

Othera Case type Number Percent Jury Bench

 All tort trials Type of trial verdict

Table 1. Tort cases decided by a trial in the Nation’s 

75 largest counties, 1996

Note: Data on the number of plaintiffs were available for 99.9% of all sampled cases.

Data on number of defendants were available for 99.8% of all sampled cases. Detail

may not sum to total due to rounding.

*Includes breast implant trials, other product liability trials as described on page 3, 

and product liability trials with unknown product type.

Other negligence 2,279 1,061 1.0 1,218 1.0

Slander/libel 458 146 1.0 312 2.0

Professional malpractice 673 265 1.0 408 1.0

Medical malpractice 4,889 1,905 1.0 2,984 2.0

Intentional tort 1,667 606 1.0 1,061 2.0

Other product liability* 904 361 1.0 543 2.0

Asbestos 3,679 308 2.0 3,371 18.0

Premises liability 7,841 3,843 1.0 3,998 1.0

Automobile 15,170 7,097 1.0 8,073 1.0

 All tort trials 37,561 15,592 1.0 21,969 1.0

Case type litigants Number Median Number Median

number of Plaintiffs Defendants

Total

Table 2. Number of litigants in tort trial cases, 

by case type in the Nation’s 75 largest counties, 1996
Litigant pairings

For each case, data were collected on

whether the plaintiff was an individual,

government, business, or hospital.

Similar information was collected for

each defendant.

A typical tort trial case involved an

individual suing another individual

(42%) or a business (39%) (table 3). 

In relatively few tort trial cases did an 

individual sue a government (7%) or a

hospital (8%) (table 3).

A business, government, or hospital

was the plaintiff in only about 4% of tort

trials during 1996. Nonindividual plaintiffs were more common among bench 

tort trial cases than in tort jury trials.

Twelve percent of tort bench trials had

a nonindividual plaintiff, compared to

3% of tort jury trials (not shown in a

table.)

Automobile cases

Automobile accident torts, which

comprised about half of all tort trials,

had a distinctive profile of litigant

pairings. The proportion of cases in

which an individual sued another

individual was 61%. Most (89%)

automobile accident tort trials were

decided by a jury.

 Tort Trials and Verdicts in Large Counties, 1996 3

Note: Data for litigant pairings were available for 99.8% of all sampled trial cases. 

Detail may not sum to total due to rounding.

a

Plaintiff and defendant type for each case is whichever type appears first in this list: 

(1) hospital/medical company; (2) corporate/business litigants; (3) government agencies; 

(4) individuals. 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. Business litigants include insurance 

companies, banks, other businesses, and other organizations.

b

All tort trials include bench and jury trials, trials with a directed verdict, 

judgments notwithstanding the verdict, and jury trials for defaulted defendants.

c

Nonindividuals may include government, business, and/or hospital litigants.

 Hospital 18 0.2 0 0.0 18 0.3

 Business 245 2.4 100 2.0 146 2.8

 Government 25 0.2 12 0.2 13 0.2

 Individual 135 1.3% 76 1.5% 60 1.1%

Nonindividualc

 versus —

 Hospital 798 7.8 17 0.3 780 14.8

 Business 4,022 39.2 1,435 28.8 2,587 49.1

 Government 698 6.8 294 5.9 403 7.6

 Individual 4,312 42.1% 3,046 61.2% 1,266 24.0%

Individual versus —

 All tort trials 10,252 100% 4,980 100% 5,272 100%

defendant Number Percent Number Percent Number Percent a

All other tort trials

Automobile

tort trials

All tort trials for

which the type 

of litigant was

knownb Plaintiff versus

Table 3. Pairings of primary litigants in tort trial cases in State courts 

in the Nation’s 75 largest counties, 1996 

Defective products in product 

liability cases, 1996

• Of the estimated 359 product liability

cases for which the type of defective

product was known, 52% dealt with

asbestos or other toxic chemicals.

• Cases involving defective vehicles

such as automobiles, motorcycles, or

boats accounted for about 8% of tort

trials.

• Defective construction, electrical,

manufacturing, or other equipment

was involved in about 15% of tort trial

cases in the Nation’s 75 largest

counties during 1996.

• Punitive damages were awarded to

plaintiff winners in 5 of the 359 cases

(not shown in a table).

Note: The estimated total number of

product liability cases is 421. See table 1,

asbestos and other product liability cases.

Of these, an estimated 359 have a known

type of product. 

Detail may not sum to total due to

rounding.

a

Number of cases include bench and 

jury trials, trials with a directed verdict, 

judgments notwithstanding the verdict, 

and jury trials for defaulted defendants.

b

Includes nonprescription and prescription drugs, cosmetics, breast and other

internal implants, and other medical

devices.

c

Includes construction, electrical, 

manufacturing, and other equipment.

Other products 26 7.3

Vehicles 29 8.2

Home items and 32 9.0

 appliances

 Other foods 5 1.3

 Restaurant food 3 0.8

Food

Equipment 55 15.4 c

 

Medical 22 6.1 b

 Other chemicals 5 1.4

 Asbestos 183 51.0

Toxic chemicals

 Total 359 100.0%

product Number Percent

Product liability trials

for which the type of

defective product 

was knowna Type of defective
Businesses in tort trials

Businesses were plaintiffs in an estimated 374 tort trial cases and defendants in an estimated 4,268 tort trials in

general jurisdiction courts in the

Nation’s 75 largest counties during

1996 (table 4).

The type of business involved in civil

trial litigation generally corresponded to

the type of case. For example,

• Insurance companies were most

likely to be involved in automobile tort

trial cases as either plaintiffs (67%)

and/or defendants (92%). 

• Real estate development companies

were most likely to be defendants

(72%) in premises liability trials.

• Manufacturers were most likely to be

sued in product liability (76%) trials.

• Banks were more likely (18%) than

insurance companies, construction

companies, service sellers, or goods

sellers to be defendants in trials in

which plaintiffs alleged that the tort 

was committed with some general 

or specific intent (intentional tort).

Plaintiff winners

Plaintiffs prevailed in about half of all

tort trials in the Nation’s 75 largest

counties during 1996 (table 5).

4 Tort Trials and Verdicts in Large Counties, 1996

Note: Detail may not sum to 100% due to rounding. Data on type of business were available 

for 100% of business plaintiffs and defendants.

--No cases recorded in the sample.

a

Includes other businesses, other organizations, and other combinations of businesses 

such as a construction company and real estate development company as defendants.

b

Includes asbestos and breast implant trials, other product liability trials as described 

on page 3, and product liability trials with unknown product type.

Other negligence 357 1.4 2.0 14.9 12.4 11.5 8.5 5.0 6.3

Slander/libel 68 -- 8.0 2.7 -- 1.4 2.1 1.2 2.0

Professional malpractice 88 0.6 -- -- 1.7 5.0 0.3 0.8 0.9

Medical malpractice 33 2.3 -- -- -- 0.9 0.4 0.8 0.3

Intentional tort 184 0.4 17.9 3.7 9.0 5.0 5.4 -- 4.1

Product liability 412 -- -- 3.0 -- 1.3 4.7 76.0 18.1 b

Premises liability 1,590 3.5 40.5 45.8 71.9 33.1 59.2 7.9 42.0

Automobile 1,535 91.6% 31.6% 29.8% 5.1% 41.8% 19.5% 8.1% 26.4%

 Total 4,268 100% 100% 100% 100% 100% 100% 100% 100%

Othera

ManufacturerGoods

seller

Service

seller

Real estate

development

company

Construction

Bank company

Insurance

company

with a

business 

Type of case defendant

Type of business defendants

Number of

tort trials

Other negligence 65 3.0 71.1 15.0 29.9 25.3 16.4 87.5 41.3

Slander/libel 10 -- -- -- 10.7 4.8 12.9 -- 2.2

Professional malpractice 17 1.3 -- 15.0 8.5 11.8 6.6 -- 5.5

Medical malpractice 8 3.0 12.7 -- -- -- -- -- 2.2

Intentional tort 23 2.7 -- -- -- 5.6 25.0 -- 12.6

Product liability 23 6.1 16.2 -- -- 1.4 6.6 12.5 13.2 b

Premises liability 62 16.7 -- 25.6 50.9 18.9 18.5 -- 6.7

Automobile 167 67.1% -- 44.4% -- 32.2% 14.0% -- 16.4%

 Total 374 100% 100% 100% 100% 100% 100% 100% 100%

Othera

ManufacturerGoods

seller

Service

seller

Real estate

development

company

Construction

Bank company

Insurance

company

with a

business

Type of case plaintiff

Type of business plaintiffs

Number of

tort trials

Table 4. Type of business plaintiff and defendant in tort trials in the Nation’s 75 largest counties, 1996

Note: Data for trial winners were available for 99.8% of all sampled trial cases. 

Detail may not sum to total due to rounding.

--No cases recorded in the sample.

a

All trials include bench and jury trials, trials with a directed verdict, 

judgments notwithstanding the verdict, and jury trials for defaulted defendants.

b

Includes breast implant trials, other product liability trials as described 

on page 3, and product liability trials with unknown product type.

Other negligence 645 50.8 494 51.9 132 50.9

Slander/libel 109 34.2 78 36.0 25 35.9

Professional malpractice 185 42.6 110 36.2 68 54.3

Medical malpractice 1,195 23.4 1,112 23.0 53 38.2

Intentional tort 491 57.0 351 55.9 128 62.9

Other product liability 238 37.1 200 31.0 34 70.3 b

Asbestos 174 55.6 172 55.1 -- --

Premises liability 2,229 39.6 1,796 37.9 352 52.4

Automobile 4,994 57.5% 4,437 57.3% 479 62.9%

 All tort trials 10,259 48.2% 8,751 47.5% 1,271 56.9%

 Percent 

 plaintiff

Number winners

Percent 

plaintiff

Number winners

Percent 

plaintiff

Case type Number winners

Jury trials Bench trials

All tort trials with a

known winnera

Table 5. Plaintiff winners in tort trial cases 

in the Nation’s 75 largest counties, 1996 
Plaintiffs won more often in tort trials

decided by a bench verdict (57%) than

by a jury verdict (48%).

The likelihood of a plaintiff winning 

varied among the different kinds of

torts. Plaintiffs were winners in more

than half of automobile accident (58%),

intentional tort (57%), and asbestos

(56%) tort trials. Plaintiffs in other

kinds of tort trials fared less well.

Plaintiffs were successful, for example,

in 23% of medical malpractice trials

and 34% of trials for slander or libel.

Plaintiffs experienced different outcomes depending on whether the case

was decided by a jury or bench trial.

The rate of plaintiff success was greater in bench trials than in jury trials

among premises liability, other product

liability, and medical malpractice

cases.

Verdicts were in favor of the plaintiff in

52% of the premises liability cases

decided by a bench trial and in 38% of

jury trials. A similar difference is found

between plaintiff win rates in bench trials

(70%) and in jury trials (31%) for other

product liability torts.

 Tort Trials and Verdicts in Large Counties, 1996 5

• Of the 1,021 malpractice trials for which the type of

defendant was known, 900 or 88% dealt with medical

malpractice, and 121 or 12% dealt with professional

malpractice in the 75 largest counties during 1996.

• Overall, plaintiffs won more often in malpractice trials

brought against professional defendants (41%) such as

attorneys, than they did against medical professionals

(26%) such as doctors or dentists.

• The median award in medical malpractice trials

($318,000) was higher than the median award in professional malpractice trials ($86,000) that generally do not

entail personal injury. Median award amounts were higher

among plaintiffs who won malpractice trials against

medical doctors, both surgeons ($398,000) and nonsurgeons ($390,000), than against dentists ($80,000) or

attorneys ($58,000).

• Plaintiff winners were awarded $1 million or more in

about a quarter of malpractice trials brought against

surgeons. Such high award amounts were rare, however,

when plaintiffs won against dentists, attorneys, or other

professionals.

Note: Data on final awards were available for 98.6% of sampled medical malpractice trials and 100% 

of sampled professional malpractice trials in which the type of defendant and the winner was known. 

Detail may not sum to total due to rounding.

a

Data on type of defendant were known for 76.3% of the sampled medical 

malpractice trials in which the winner was known.

b

Data on type of defendant were known for 69.0% of the sampled professional 

malpractice trials in which the winner was known.

 Other professional 41 37.5 16 7,054 161 47.3 6.4

 Attorney 80 42.2 34 7,054 58 19.8 5.0

malpractice trialsb 121 40.6% 49 $41,107 $86 28.5% 5.5%

Professional 

 

 Other professional 44 43.1 19 11,996 176 47.1 6.7

 Dentist 56 34.6 19 2,816 80 10.3 0.0

 Doctor - surgeon 462 25.1 113 196,165 398 57.4 26.6

 Doctor - nonsurgeon 339 23.4 78 98,055 390 58.2 21.5

malpractice trialsa 900 25.9% 229 $309,033 $318 52.9% 21.0%

Medical 

 

 $1 million

 or more

Over

$250,000

 

 Total Median

Number (in thousands)

 Percent 

 plaintiff

 winners

trials for which the 

type of defendant and

winner was known

Case type and

type of defendant

malpractice tort Final awards to plaintiff winners winners with awards —

Number of Percent of plaintiff

Medical and professional malpractice cases decided by a trial 

in the Nation’s 75 largest counties, 1996 

$ Plaintiffs in tort cases often claim

bodily injury due to the defendants’

careless or reckless behavior. Plaintiffs seek compensation for medical

treatment, lost wages, and other

forms of monetary and emotional 

loss.

$ In 1996 plaintiffs claimed bodily

injury in 94% of tort cases decided by

a trial in general jurisdiction courts in

the 75 largest counties. Plaintiffs

claimed bodily injury in all automobile

accident, premises and product liability, and medical malpractice trials.

$ Bodily injury was claimed in 58% 

of intentional tort and 72% of other

negligence trials, while such claims

were rare in professional malpractice

(12%) and slander/libel trials (3%).

Bodily injury claims by plaintiffs in tort trials, 1996
Final awards

Juries and judges awarded an

estimated $2 billion dollars to plaintiff

winners in general jurisdiction courts

in the Nation’s 75 largest counties

during 1996 (table 6). The median

award was an estimated $31,000. 

Final award amounts may include

compensatory awards for economic

damages associated with actual

financial losses, noneconomic

damages related to, for instance,

emotional pain and suffering, 

inconvenience, or mental anguish, and

punitive damages which are intended

to punish defendants whose actions

were grossly negligent or intentional.5

Half of plaintiff winners received

$18,000 or more in automobile

accident cases and about $22,000 

in slander/libel cases. 

The median final award of $30,000 in

tort jury trials and $34,000 in tort bench

trials did not differ statistically.

Final damages of over $250,000 were

awarded to 17% of plaintiff winners 

of tort trials in the Nation’s 75 largest

counties during 1996. About 6% 

of plaintiff winners were awarded 

over $1 million.

Awards of over $1 million were

received by plaintiff winners in 24%

of other product liability jury trials and

22% of medical malpractice jury trials.

6 Tort Trials and Verdicts in Large Counties, 1996

Note: Data for case type and final awards were available for 98.8% of all sampled trial cases. 

Final amount awarded includes both compensatory (reduced for contributory negligence) 

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

--No cases recorded in the sample.

a

All tort trials include bench and jury trials, trials with a directed verdict, 

judgments notwithstanding the verdict, and jury trials for defaulted defendants.

b

Includes breast implant trials, other product liability trials as described on page 3, 

and product liability trials with unknown product type.

Other negligence 66 36 310 3,820 2.9 0.0

Slander/libel 9 15 500 1,094 22.1 0.0

Professional malpractice 37 86 1,643 7,680 15.9 5.4

Medical malpractice 20 454 503 6,527 55.4 0.0

Intentional tort 81 32 1,076 11,714 9.4 7.0

Other product liability 24 56 305 2,362 4.2 0.0 b

Asbestos -- -- -- -- -- --

Premises liability 177 57 21,280 145,374 18.0 4.5

Automobile 299 $20 $10,383 $80,985 12.2% 7.1%

 Bench trials 713 $34 $21,280 $259,556 13.8% 5.2%

Other negligence 254 108 143,400 654,397 33.9 13.4

Slander/libel 28 25 2,130 9,317 23.4 11.9

Professional malpractice 40 87 3,750 13,970 31.2 9.9

Medical malpractice 249 254 32,000 328,551 50.0 22.1

Intentional tort 197 31 10,000 69,474 23.0 8.2

Other product liability 57 379 8,315 55,882 57.6 23.5 b

Asbestos 79 227 7,305 43,430 49.4 9.8

Premises liability 677 57 19,214 178,085 22.2 5.3

Automobile 2,526 $18 $38,079 $474,921 8.4% 3.0%

 Jury trials 4,107 $30 $143,400 $1,828,026 17.2% 6.0%

Other negligence 323 76 143,400 658,330 27.2 10.5

Slander/libel 37 22 2,130 10,412 23.1 9.0

Professional malpractice 79 86 3,750 21,712 23.2 7.6

Medical malpractice 272 286 32,000 336,315 51.0 20.2

Intentional tort 280 32 10,000 81,616 19.3 7.8

Other product liability 82 177 8,315 58,254 41.2 16.3 b

Asbestos 81 309 7,305 46,230 50.6 12.1

Premises liability 871 57 21,280 329,289 22.0 5.1

Automobile 2,853 $18 $38,079 $557,564 8.7% 3.4%

 All tort trialsa 4,879 $31 $143,400 $2,099,723 16.9% 5.8%

Over

$1 million

Over

Median Maximum Total $250,000

ages awarded to

Type of case plaintiff winners

Percent of plaintiff winner 

cases with final awards —

Final amounts awarded to plaintiff 

winners (in thousands)

Number of tort

trials with damTable 6. Final award amounts to plaintiff winners in tort trial cases 

in the Nation’s 75 largest counties, 1996

5

Economic and noneconomic damages cannot

be distinguished in the data for detailed analysis.
Punitive damage awards

Punitive damages were awarded in

about 3% of tort trials with a plaintiff

winner in the Nation’s 75 largest counties during 1996 (table 7). About $463

million in punitive damages was awarded to 162 plaintiff winners in tort trials.

The median punitive damage award

was $38,000.

Plaintiff winners were more likely to be 

awarded punitive damages in bench 

(8%) than jury (3%) trials. While

judges were more likely to award

punitive damages, the amounts they

awarded did not differ from those of

juries.

The median punitive damage awards

for tort jury trials ($27,000) and for tort

bench trials ($75,000) are not statistically different.

Monetary awards and the role of

plaintiff negligence

A plaintiff’s own negligence may play 

a part in causing the plaintiff’s injury. 

In 6 States (Alabama, Maryland, South

Carolina, Delaware, North Carolina,

and Virginia)6

 any negligence on the

part of the plaintiff bars recovery

of any damages from defendants,

referred to as contributory negligence.7

All other States, however, abide by

some form of comparative negligence,

in which damages recoverable by the

plaintiff are proportionally reduced

according to the level of the plaintiff’s

negligence. For a description of the

different types of comparative negligence and how States are classified

see Civil Trial Cases and Verdicts in

Large Counties, 1996 (NCJ 173426).

 Tort Trials and Verdicts in Large Counties, 1996 7

7

Garner, Bryan A. (ed.), Black’s Law Dictionary,

West Publishing Co., 1996.

Note: Data for case type and amount of punitive damages awarded were available

for 94.8% of sampled cases in which the plaintiff winner was awarded punitive damages. 

Detail may not sum to total due to rounding.

-- No cases recorded in the sample.

a

All tort trials include bench and jury trials, trials with a directed verdict, judgments

notwithstanding the verdict, and jury trials for defaulted defendants.

b

Includes breast implant trials, other product liability trials as described on page 3, 

and product liability trials with unknown product type.

c

Not a median but the actual amount awarded.

c

 37c 37 c Other negligence 3 4.3 37

Slander/libel -- -- -- -- --

Professional malpractice -- -- -- -- --

Medical malpractice -- -- -- -- --

Intentional tort 21 26.1 25 250 1,839

Other product liability 2 8.4 5 5 10 b

Asbestos -- -- -- -- --

Premises liability 30 16.5 100 2,000 13,187

c

 $500c $500 c Automobile 1 0.4% $500

 Bench trials 58 7.9% $75 $2,000 $15,766

Other negligence 5 2.0 138,000 138,000 423,887

Slander/libel 6 22.5 15 28 89

Professional malpractice 4 9.7 75 75 227

c

 2,500c 2,500 c Medical malpractice 3 1.2 2,500

Intentional tort 46 23.5 4 2,500 5,196

Other product liability 9 14.6 471 750 4,397 b

c

 1,100c 1,100 c Asbestos 3 3.2 1,100

Premises liability 9 1.4 1 215 315

Automobile 18 0.7% $25 $540 $1,722

 Jury trials 104 2.5% $27 $138,000 $446,884

Other negligence 8 2.4 148 138,000 423,993

Slander/libel 6 17.0 15 28 89

Professional malpractice 4 4.9 75 75 227

c

 2,500c 2,500 c Medical malpractice 3 1.1 2,500

Intentional tort 67 24.0 16 2,500 7,035

Other product liability 11 12.5 462 750 4,407 b

c

 1,100c 1,100 c Asbestos 3 3.2 1,100

Premises liability 40 4.5 75 2,000 13,501

Automobile 20 0.7% $25 $540 $2,347

 All tort trials 162 3.3% $38 $138,000 $462,650 a

Type of case Number Percent Median Maximum Total

Amount awarded (in thousands)

Plaintiff winners awarded punitive damages

Table 7. Punitive damages awarded to plaintiff winners in tort trial cases 

in the Nation’s 75 largest counties, 1996

• The largest punitive damage

amount of $138 million was

awarded by a jury to 22 individual

plaintiff winners in a negligence

case against service seller defendants. The trial lasted 21 days

resulting in a final award amount

of $143,400,000 — the largest in

the sample. 

• The largest punitive damage

awarded in a bench verdict was 

$2 million to 2 plaintiff winners

in a premises liability trial involving

a bodily injury claim against service

seller defendants. The case lasted

over 5 years from filing to the final

judgment. The final award of

$21,280,000 was awarded to the

plaintiff winners after a 1-day trial.

The largest punitive damage 

awards in the 45 sampled counties

6

American Jurisprudence, 2nd edition (1989,

supp. 1995), 57B, pp. 1131-49.
Compensatory damages awarded to

plaintiff winners were reduced in 16%

of tort trials in general jurisdiction

courts in the Nation’s 75 largest

counties during 1996 (table 8). These

awards were reduced by about 43%,

on average.

Compensatory damage awards were

reduced in 36% of premises liability

cases decided by a jury verdict.

Compensatory award amounts were

not reduced in any of the slander/libel

trials won by plaintiffs.

On average, monetary

awards were reduced by

about 58% in asbestos

cases, 45% in premises

liability cases, and 42%

in automobile accident

cases. 

Reduced compensatory

damages awarded to

plaintiff winners were more common

among jury than bench tort trials in the

Nation’s 75 largest counties during

1996. Among tort jury trials alone,

about 18% of awards to plaintiff

winners were reduced by 43% on

average. About 3% of damages

awarded to plaintiff winners in bench

trials were reduced by an average of

32%.

Case processing time

Half of the 10,047 jury and bench tort

trial cases for which case processing

time is known went from filing of the

complaint to verdict or final judgment 

in an estimated 21.9 months or more

(table 9). 

Among bench trials, the median time 

to disposition was 18.6 months,

compared to a median of 22.2 months

among jury trials. Half of the intentional tort trials decided by a jury went

from filing of the complaint to verdict in

22.0 months or more compared to 16.4

months when decided by a judge.

Fifty-five percent of tort jury trials were

decided in less than 2 years compared

to 65% of tort bench trials. Thirteen

percent of tort jury trials took 4 years 

or more. Asbestos jury trials, in

particular, tended to take somewhat

longer. Of the 175 asbestos jury trials,

54% lasted 4 years or more from filing

of the complaint to the verdict.

8 Tort Trials and Verdicts in Large Counties, 1996

*Data for case type and whether awards were reduced for

contributory negligence were available for 99.4% of sampled

cases with a plaintiff winner and known final award amount.

Detail may not sum to total due to rounding.

--No cases recorded in the sample.

a

All tort trials include bench and jury trials, trials 

with a directed verdict, judgments notwithstanding 

the verdict, and jury trials for defaulted defendants.

b

Includes breast implant trials, other product liability 

trials as described on page 3, and product liability 

trials with unknown product type.

Other negligence 66 -- -- --

Slander/libel 9 -- -- --

Professional 37 -- --

Medical malpractice 20 4.9 1 40.0

Intentional tort 81 -- -- --

Other product liability 24 -- -- -- b

Asbestos -- -- -- --

Premises liability 177 4.5 8 24.5

Automobile 294 4.0% 12 35.7%

 Bench trials 707 3.0% 21 31.6%

Other negligence 254 21.4 54 45.7

Slander/libel 26 -- -- --

Professional 40 7.5 3 27.6

Medical malpractice 244 10.2 25 35.8

Intentional tort 197 5.1 10 24.8

Other product liability 57 30.4 17 38.7 b

Asbestos 79 13.4 11 58.1

Premises liability 677 36.2 245 45.6

Automobile 2,501 14.5% 362 42.3%

 Jury trials 4,075 17.8% 727 43.3%

Other negligence 324 16.8 54 45.7

Slander/libel 35 -- -- --

Professional 79 3.8 3 27.6

Medical malpractice 267 9.6 26 35.9

Intentional tort 280 3.6 10 24.8

Other product liability 82 12.1 17 38.7 b

Asbestos 81 13.1 11 58.1

Premises liability 871 29.0 253 44.9

Automobile 2,822 13.5% 381 42.1%

 All tort trialsa 4,842 15.6% 755 43.0%

Mean

percent

Percent Number reduction

tort trials 

with a plainType of case tiff winner*

Number of Cases with awards reduced

Table 8. Plaintiff winners with awards reduced 

due to contributory negligence in the Nation’s 

75 largest counties, 1996

*Data for case type and time to disposition were available for 98.8% 

of all sampled tort jury trial cases. Data for case type and time to 

disposition were available for 84.1% of all sampled tort bench trial 

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

--No cases recorded in the sample.

a

All trial cases include bench and jury trials, trials with a directed verdict,

judgments notwithstanding the verdict and jury trials for defaulted defendants.

b

Includes breast implant trials, other product liability trials as described 

on page 3, and product liability trials with unknown product type.

Other negligence 112 22.6 106.3 54.2 9.6

Slander/libel 20 17.0 56.8 94.9 5.1

Professional malpractice 64 18.7 69.5 75.3 3.1

Medical malpractice 47 18.8 67.5 71.8 8.3

Intentional tort 107 16.4 63.6 70.7 8.1

Other product liability 30 17.3 47.0 55.7 -- b

Asbestos -- -- -- -- --

Premises liability 326 21.4 81.0 52.7 12.0

Automobile 432 17.1 69.1 64.5% 9.2%

 Bench trials 1,137 18.6 106.3 71.4% 9.0%

Other negligence 492 23.9 142.6 50.3 15.6

Slander/libel 77 23.5 100.5 52.2 16.2

Professional malpractice 109 25.9 83.5 44.3 22.4

Medical malpractice 1,098 31.1 156.6 34.4 24.1

Intentional tort 346 22.0 120.0 54.3 8.3

Other product liability 190 30.5 112.9 29.9 29.1 b

Asbestos 175 49.7 144.7 23.2 54.1

Premises liability 1,773 25.2 153.9 47.0 15.0

Automobile 4,416 19.1 180.3 66.5% 7.1%

 Jury trials 8,677 22.2 180.3 54.9% 13.1%

 All tort trialsa 10,047 21.9 180.3 55.9% 12.7%

Type of case trials* Median Maximum 2 years or more

of tort Number of months than 4 years

Number Less

Percent disposed in C

Table 9. Case processing time from filing of complaint 

to verdict or final judgment in State courts in the Nation’s 

75 largest counties, 1996
Trial length

Bench trial proceedings tended to

conclude in less time than jury trials.

Except for professional malpractice

trials, the median bench trial began

and ended on the same day (not

shown in a table). 

The median length of jury trials was

3 days overall (not shown in a table).

Half of asbestos jury trials lasted nearly

2 weeks or more (a median of 11

days). Half of medical malpractice and

professional malpractice trials lasted 6

days or more.

 Tort Trials and Verdicts in Large Counties, 1996 9

$ The number of tort cases decided

by jury verdict in State courts of

general jurisdiction in the 75 largest

counties did not differ significantly

from 1992 (9,431) to 1996 (8,768).

$ Overall, plaintiffs were no more

likely to win tort jury trials in 1996

(48%) than they were in 1992 (50%).

They were less successful, however,

in malpractice trials decided by a jury.

Plaintiffs won 23% of medical malpractice jury trials in 1996, down from

30% in 1992. Similarly, they won 36%

of professional malpractice jury trials

in 1996, down from 53% in 1992.

$ Half of plaintiff winners in tort jury

trials won $30,000 or more during

1996 compared to $57,000 during

1992. This decline is due, in part, to

smaller median amounts awarded by

juries to plaintiff winners in automobile

accident trials.

Note: The number of trials excludes cases with a directed verdict and cases in which the trial

winner was not known. Data on jury trial winners and final award amounts were available for

96.6% of sampled jury tort trials. The 1992 final award amounts are adjusted for inflation and

presented in 1996 dollars. Final award amounts include both compensatory and punitive

damages. In this study, cases are classified by the primary case type, though many cases

have multiple claims (contract and tort). Under laws in almost all States, only tort claims

qualify for punitive damages. If a contract or real property case involved punitive damages, it

involved a related tort claim. For additional information, see Tort Cases in Large Counties,

1992 (NCJ 153177). a

Excludes cases with a directed verdict, cases in which the plaintiff and defendant 

won damages and cases in which the plaintiff won the liability trial.

b

Includes asbestos, breast implant, and other product liability trials.

Data source: Civil Justice Survey of State Courts, 1992 (ICPSR 6587). Data can be obtained

from the National Archive of Criminal Justice Data (NACJD):

http://www.icpsr.umich.edu/NACJD/home.html

Other negligence 885 46.9 393 72 11.1

Slander/libel 66 41.6 27 28 13.9

Professional malpractice 176 53.4 92 174 16.7

Medical malpractice 1,354 30.5 403 225 24.8

Intentional tort 435 46.6 195 58 6.6

Product liability 637 55.7 342 124 15.6 b

Premises liability 1,944 44.5 841 65 6.1

Automobile 3,880 60.4% 2,280 $33 4.4%

 All jury tort trials 9,377 50.3% 4,574 $57 8.3%

 Percent over 

 $1 million 

Median

(thousands)

Number

of cases

 plaintiff

 winnersa

which the winCase type ner was known

jury trials for Percent Final awards to plaintiff winners

Number of

Tort jury trials in 1992

• Of the 250,387 civil cases terminated in U.S. district courts* during

fiscal year 1996, 20% (49,063) were

tort claims. About 3% (1,507) of

these tort claims were terminated by a

jury or bench trial.

• A jury decided tort trials less often

in U.S. district courts (73%) than they

did in State general jurisdiction courts

in the 75 largest counties during 1996

(85%).

• Plaintiffs won just under half of tort

trials in both U.S. district courts (45%)

and State general jurisdiction courts in

the 75 largest counties (48%). Plaintiff winners, however, were awarded

less monetary damages in the State

courts, with a median of $32,000,

compared to the median of $132,500

awarded to plaintiff winners of tort

trials decided in U.S. district courts

during 1996.

Source: Administrative Office of the U.S.

Courts, Civil Master File, 1996. See also

Federal Tort Trials and Verdicts, 1996-97,

BJS Bulletin, NCJ 172855, February

1999.

Tort cases in U.S. district courts, 1996

*U.S. district courts exercise jurisdiction in civil

actions between private parties arising from

the interpretation and application of the U.S.

Constitution, acts of Congress, or treaties; 

actions between residents of different States; 

and cases where the U.S. Government is the

plaintiff or defendant.

The longest case in the sample was

an automobile accident case with a

bodily injury claim filed by two

individual plaintiffs against four

business defendants. The case

took about 15 years from filing of the

complaint to the final jury verdict.

The trial lasted 11 days. The plaintiffs won $115,275 in compensatory

damages. No punitive damages

were awarded.

The longest case processing time in

the 45 sampled counties
10 Tort Trials and Verdicts in Large Counties, 1996

Data from general jurisdiction courts in 16 States for which

information was available indicate that tort filings rose 43%

between 1975 and 1998. Most of this increase occurred

between 1975 and 1986.1

 To deal with this increase, most

States enacted some sort of tort reform to discourage

litigation. The long-term impact of these reforms on reducing tort caseloads has been mixed.2

 Most tort reform in the

States falls into the following issue areas:

Joint and several liability

The most common reform, enacted in 33 States, has

sought to make each defendant in a tort lawsuit responsible for the damages caused by his or her own negligence

(proportionate liability). In about a third of the States,

however, each defendant in a tort lawsuit is liable for the

entire amount of the plaintiff’s damages regardless of a

defendant’s degree of fault (joint and several liability).

Punitive damages

Punitive damage reforms have been enacted in 30 States.

Reforms include placing caps on the amount of punitive

damages that can be awarded, requiring clear and

convincing evidence to establish punitive damage liability,

and making punitive damages proportional to the type of

offense alleged.

Collateral sources

In 21 States tort reforms have been enacted that allow

defendants to admit into court evidence that a plaintiff has

received damages from an independent source, such as

an insurance policy, wages or medical services, or

worker’s compensation. In more than half the States,

however, defendants are prohibited from introducing

evidence of outside benefits received by plaintiffs.

Pre-judgment interest

In 11 States tort reforms have been enacted to either limit

or prohibit plaintiffs from receiving compensation for the

time lag between the tort action or filing of the lawsuit and

the actual payment of damages. Most States, however,

allow such pre-judgment interest, intending to encourage

early settlements and reduce congestion in the courts.

Noneconomic damages

Seven States have enacted reforms that limit awards to

plaintiffs for noneconomic damages such as pain and

suffering or emotional distress. The amount of these caps

and how they are applied vary across these States.

Maryland, for example, caps noneconomic damages at

$500,000, while Kansas has a cap of $250,000 for pain

and suffering only.

Note: In 1992 the Tennessee Supreme Court abolished the doctrine 

of joint and several liability in the case of Hodges v. Toof. 

In addition to New Hampshire, which prohibits punitive damages 

by statute, there are common law restrictions on punitive damages 

in Louisiana, Massachusetts, Nebraska, and Washington.

Source: Tort Reform Record. American Tort Reform Association, 1999.

State totals 33 30 21 11 7

Wyoming O

Wisconsin O O

West Virginia

Washington O

Virginia O

Vermont O

Utah O O

Texas O O O

Tennessee

South Dakota O O

South Carolina O

Rhode Island O

Pennsylvania

Oregon O O O

Oklahoma O O

Ohio O O O

North Dakota O O O

North Carolina O

New York O O

New Mexico O

New Jersey O O O

New Hampshire O O O

Nevada O O

Nebraska O O

Montana O O O

Missouri O O O

Mississippi O O

Minnesota O O O O O

Michigan O O O

Massachusetts

Maryland O

Maine O

Louisiana O O

Kentucky O O

Kansas O O

Iowa O O O O

Indiana O O

Illinois O O

Idaho O O O O

Hawaii O O O

Georgia O O

Florida O O O

District of

Delaware

Connecticut O O

Colorado O O O O

California O O

Arkansas

Arizona O O O

Alaska O O O O O

Alabama O O

Noneconomic

damages

Prejudgment

interest

Collateral

sources

Punitive

damages

Joint and

several

liability

Tort reforms enacted by State legislatures since 1986,

by issue area

1

B. Ostrom and N. Kauder, Examining the Work of State Courts, 1998: 

A National Perspective from the Court Statistics Project, National Center

for State Courts, Williamsburg, VA, 1999. 

2

Thomas B. Marvell, “Tort Caseload Trends and the Impact of Tort

Reforms,” The Justice System Journal, 17, 1994, pp.193-206. 

Tort reform in the States
Methodology

Definitions of disposition types:

Jury trial — A trial held before and

decided by a group of laypersons

selected according to the law presided

over by a judge culminating in a verdict

for the plaintiff(s) and/or defendant(s).

Bench trial (non jury trial) — A trial

held in the absence of a jury and

decided by a judge culminating in a

judgment for the plaintiff(s) or

defendant(s).

Directed verdict — In a case in which

the party with the burden of proof has

failed to present a prima facie case for

jury consideration, a trial judge may

order the entry of a verdict without

allowing the jury to consider it,

because, as a matter of law, there 

can be only one such verdict. 

Judgment notwithstanding the

verdict (“JNOV” or judgment non

obstante veredicto) — A judgment

rendered in favor of one party despite

the finding of a jury verdict in favor of

the other party.

Jury trials for defaulted defendants

— Some States make provisions for a

jury to be empaneled even if the defendants in a case fail to appear and enter

a defense. The purpose of a trial is 

to decide issues such as amount of

damages. See Florida Rules of Civil

Procedure, Rule 1.500, section (e).

Definitions of civil case types:

Torts — Claims arising from personal

injury or property damage caused by

negligent or intentional acts of another

person or business. Specific tort case

types include: automobile accident; 

premises liability (injury caused by the

dangerous condition of residential or

commercial property); medical

malpractice (by doctor, dentist, or

medical professional); other professional malpractice (for example by

lawyers, engineers, architects); product

liability (injury or damage caused by

defective products; injury caused by

toxic substances such as asbestos);

libel/slander (injury to reputation);

intentional tort (vandalism, intentional

personal injury); and other negligent

acts (negligence against another party

for an act not represented by the other

case categories used in this study such

as the negligent supervision of a dog

resulting in an attack).

Source: Definitions were developed by the

National Center for State Courts through

consultation with NCSC staff attorneys, law

professors, and from Black’s Law

Dictionary.

Sample

The sample design for the 1996 civil

trial study was the same one used for

the 1992 civil jury study. The sample is

a 2-stage stratified sample with 45 of

the 75 most populous counties

selected at the first stage. The 75

counties were divided into 4 strata

based on the number of civil dispositions for 1990 obtained through

telephone interviews with court staff in

the general jurisdiction trial courts.

Stratum 1 consisted of the 14 counties

with the largest number of civil case

dispositions. Every county in stratum 1

was selected with certainty for the

sample. Stratum 2 consisted of 15

counties with 12 chosen for the

sample. From strata 3, 10 of the 20

counties were selected. Nine of the 26

counties in stratum 4 were included in

the sample. 

For the 1996 study, the second stage

of the sample design involved generating lists of cases that would be

collected and coded. Prior to drawing

the 1996 case sample, each participating jurisdiction was asked to identify a

roster of cases that had been decided

by jury trial or bench trial between

January 1, 1996, and December 31,

1996. Trial cases were to meet the

definitional criteria for jury and bench

trials as defined in Black’s Law Dictionary: (1) A jury trial was defined as “a

trial held before and decided by a jury

of laypersons and presided over by a

judge culminating in a verdict for the

plaintiff(s) or defendant(s), and (2) A

bench trial was defined as “a trial held

in the absence of a jury and decided by

a judge culminating in a judgment for

the plaintiff(s) or defendant(s).” Cases

that did not meet these definitional

criteria were not to be included in the

jury and bench lists.

The study plan was to obtain approximately 300 jury and 300 bench cases

from the court of general jurisdiction in

each of the counties selected for the

study. In courts that reported approximately 300 or less jury or bench trials,

all trials were to be coded. In courts that

reported more than 300 jury or 300

bench trials, a list of cases was to be

provided to project staff and a random

sample of 275 drawn from the jury and

bench trial case list. For jury and bench

case lists in which the case type was

known, any remaining medical malpractice, professional malpractice and product liability cases not initially selected

were to be included in the sample in

order to over sample these case types.

At the second stage of sampling for jury

cases, in 39 of the 45 jurisdictions all

tort, contract, and real property rights

cases decided by jury verdict between

January 1, 1996, and December 31,

1996 were selected. In an additional 3

jurisdictions, where the total number of

jury cases exceeded 300 and where

case type could be identified, a random

sample of about 275 cases was drawn

from a list of tort, contract, and real 

property jury trials provided by the court.

Any remaining medical malpractice,

professional malpractice, and product

liability cases not initially chosen in the

initial sample were also included. In the

remaining 3 jurisdictions where the total

number of jury cases exceeded 300 and

case type could not be identified, a

random sample of about 275 cases was

selected from the list of jury trials.

At the second stage of sampling for

bench cases, in 41 of the 45 jurisdictions all tort, contract, and real property

rights cases decided by bench verdict

between January 1, 1996, and December 31, 1996, were selected. In 1 jurisdiction where the total number of bench

cases exceeded 300 and the case type

could be identified, a random sample of

about 275 cases was drawn from a list

of tort, contract, and real property 

bench trials. Any remaining medical

malpractice, professional malpractice,

and product liability cases not initially

chosen in the random sample also were

included. In the remaining 3 jurisdictions where the total number of bench

cases exceeded 300 and case type

 Tort Trials and Verdicts in Large Counties, 1996 11
could not be identified, a random

sample of about 275 cases were

selected from the list of bench trials.

During the coding process in all sites,

it was discovered that some courts included in their list some jury and bench

trials that did not meet the study definitional criteria of a trial. These cases

were excluded from the database. By

excluding cases that did not meet the

study criteria, some jurisdictions in

which sampling was utilized have final

sample sizes of less than 275 cases.

Data on 6,713 civil jury trial cases and

2,312 civil trial bench cases that met the

study criteria were collected in the 45

courts. The final sample consisted of

9,025 tort, contract, and real property 

rights case decided by jury or bench

verdict.

Populations of jury and bench trials

In jurisdictions where second stage

case sampling was not used, the

populations of jury and bench trials

reported are based on applying the

study criteria in each site and excluding

cases that did not meet the study

definitions.

In the jurisdictions where second stage

sampling was used, the true population

of trial verdicts according to the study

definitions could not be known. It was

impossible to know the number of

cases that failed to meet the definitional

criteria of a trial among the cases that

did not make it into the sample. The

true population within each of these

jurisdictions, therefore, was estimated

by applying the same rejection rate

generated from the selected sample

after it was coded. For example,

Orange County reported 340 jury trials

in 1996. A random sample of 275 

cases was chosen and when coded

according to study criteria produced 221

jury trial verdicts. This translates into a

rejection rate of 20% of the cases since

20% did not meet the definitional criteria

of a jury trial. Applying this rejection rate

to the original list of 340 jury trial cases

provided by the jurisdiction resulted in

an estimated population of 301 jury

trials.

Sampling error

Since the data in this report came from

a sample, a sampling error (standard

error) is associated with each reported

number. The standard error indicates

how closely the sample results reflect

the true values in the population. In

general, if the difference between 2

numbers is greater than twice the

standard error for that difference, there

is confidence that for 95 out of 100

possible samples a real difference

exists and that the apparent difference

is not simply the result of chance, or of

using a sample rather than the entire

population. All differences discussed in

the text of this report were statistically

significant at or above the 95% confidence level. 

Based on the sample estimates

presented in this report, it is possible to

calculate a range of values that, with a

95% level of confidence, includes the

true value. This range is called a confidence interval. Selected estimates,

their standard errors, and confidence

intervals are provided in Appendix C.

Data recoding and unobtainable

information

For each sampled case, a standard

coding form was manually completed by

on-site court staff to record information

about the litigants, case type, processing time and award amounts.

Information for which data were not

available or collected included the cost

of litigation for the parties involved, as

well as for others; the actual disbursement of awards; and the number of

cases appealed.

12 Tort Trials and Verdicts in Large Counties, 1996

This report and others from the

Bureau of Justice Statistics, as well

as graphical figures and spreadsheets, are available through the

Internet C

http://www.ojp.usdoj.gov/bjs/

Data from the Civil Justice Survey of

State Courts, 1996 (ICPSR 2883)

can be obtained from the National

Archive of Criminal Justice Data at

the University of Michigan, 1-800-

999-0960. The archive can also be

accessed through the BJS website.

The Bureau of Justice Statistics 

is the statistical agency of the 

U.S. Department of Justice. 

Jan M. Chaiken, Ph.D., is director.

This BJS Bulletin presents the third

release of findings in a series of

reports from the Civil Justice Survey

of State Courts, 1996. 

Marika F. X. Litras, Sidra Lea

Gifford, and Carol J. DeFrances of

the Bureau of Justice Statistics, and

David B. Rottman, Neil LaFountain,

and Brian J. Ostrom of the National

Center for State Courts wrote this

report. Greg W. Steadman provided

statistical review. Data collection

was supervised by the National

Center for State Courts (NCSC);

David B. Rottman and Brian J.

Ostrom were the project co-directors.

John Goerdt, formerly with the

NCSC, was the initial project

director. Tina Dorsey produced and

edited the report. Jayne Robinson

administered final production.

August 2000, NCJ 179769
 Tort Trials and Verdicts in Large Counties, 1996 13

Note: All tort trials may not equal the sum of the other categories of cases listed in this table because it includes 

intentional tort, professional malpractice, and slander/libel which were not listed separately in this table.

a

Product liability included 117 asbestos trials, 4 breast implant trials, and 156 other product liability trials. 

b

The 1996 population estimate is only for the city of Los Angeles. 1996 civil trial data were only collected 

for the central district of Los Angeles County Superior Court. Los Angeles suburban courts were not included.

c

The 1996 population estimate is for Fairfield judicial district. Towns in Fairfield County, CT, are located in 

4 judicial districts: Ansonia-Milford, Danbury, Stramford-Norwalk, and Fairfield. 1996 civil trial data were collected 

only for Fairfield judicial district. The 1996 population estimate for Fairfield County, CT, was 833,761.

d

The 1996 population estimate for the Hartford-New Britain judicial district. The 1996 population estimate 

for Hartford County was 831,694. 

Sources: 1996 population estimates for each county came from the U.S. Census Bureau website,

http://www.census.gov/population/www/estimates/countypop.html.

1996 population estimates for the city of Los Angeles and the towns in the Fairfield and

Hartford-New Britain judicial districts came from the U.S. Census Bureau website,

http://www.census.gov/population/www/estimates/mcdplace.html.

Milwaukee, WI 922,243 19 171 104 31 5 13 8

King, WA 1,619,411 11 176 116 15 6 13 4

Fairfax, VA 902,492 20 185 133 14 0 21 4

Harris, TX 3,126,966 30 924 317 310 76 70 91

Dallas, TX 2,000,192 12 242 124 63 9 16 13

Bexar, TX 1,318,322 20 260 152 62 9 16 5

Philadelphia, PA 1,478,002 24 353 89 84 79 66 15

Allegheny, PA 1,296,037 17 215 85 53 5 49 9

Franklin, OH 1,013,724 8 77 50 4 2 10 6

Cuyahoga, OH 1,401,552 15 210 121 26 2 36 6

New York, NY 1,533,774 20 303 68 151 10 51 11

Middlesex, NJ 702,458 26 185 82 49 10 24 9

Essex, NJ 755,089 15 114 65 23 4 14 6

Bergen, NJ 846,498 16 133 57 31 3 32 5

St. Louis, MO 1,003,807 12 123 67 21 2 15 5

Hennepin, MN 1,058,746 19 197 120 22 7 9 14

Wayne, MI 2,039,819 9 184 70 37 4 33 26

Oakland, MI 1,162,098 10 115 39 31 2 31 6

Worcester, MA 719,545 6 41 13 15 0 5 6

Suffolk, MA 645,068 12 79 21 29 3 11 7

Norfolk, MA 637,388 10 62 21 13 2 14 8

Middlesex, MA 1,412,561 7 101 31 29 7 15 9

Essex, MA 686,774 7 47 20 15 0 6 4

Jefferson, KY 673,040 19 128 78 24 7 10 5

Marion, IN 817,525 8 62 30 10 4 5 5

Du Page, IL 859,310 10 88 64 8 1 7 4

Cook, IL 5,096,540 9 480 217 107 12 81 45

Honolulu, HI 871,766 3 28 14 5 0 4 3

Fulton, GA 718,336 10 69 36 8 2 9 5

Palm Beach, FL 992,840 19 189 119 32 4 8 9

Orange, FL 758,980 8 61 33 9 1 6 6

Dade, FL 2,076,175 15 316 177 82 3 11 30

Hartford, CT 841,777 7 63 25 19 2 4 6 d

Fairfield, CT 298,469 13 39 24 10 0 1 1 c

Ventura, CA 714,733 13 95 42 18 2 13 10

Santa Clara, CA 1,599,604 4 69 31 12 0 5 6

San Francisco, CA 735,315 15 111 51 21 16 10 7

San Bernardino, CA 1,598,358 3 50 25 10 3 7 3

Orange, CA 2,636,888 10 254 98 61 9 53 11

Los Angeles, CA 3,544,666 5 185 62 41 8 16 14 b

Fresno, CA 751,272 5 38 20 3 2 3 4

Contra Costa, CA 881,490 5 46 22 11 1 8 0

Alameda, CA 1,328,139 4 50 23 12 3 3 3

Pima, AZ 767,873 10 73 40 14 1 7 6

Maricopa, AZ 2,611,327 11 282 149 63 9 26 15

Other

negligence

Medical

malpractice

Product

liabilitya

Premises

All tort trials Automobile liability

Total tort trials

per 100,000

population

1996 

population

County estimate

Appendix A. Types of tort cases decided by a trial in State courts, by sampled counties, 1996
14 Tort Trials and Verdicts in Large Counties, 1996

Notes: Excludes cases with missing final award amounts. Final amount awarded includes both 

compensatory (reduced for contributory negligence) and punitive damage awards.

Eminent domain cases are not calculated among final awards because there is

always an award; the issue is how much the defendant (whose property is being

condemned) will receive for the property.

--No cases recorded in the sample.

*Not a median but the actual amount awarded.

a

Includes only the central district of the Los Angeles County Superior Court.

 Los Angeles suburban courts are not included.

b

Includes only cases for Fairfield judicial district.

c

Includes only cases for Hartford-New Britain judicial district.

Milwaukee, WI 171 108 9,152,988 9,616 1 200 200*

King, WA 176 97 4,247,245 10,957 1 3,000 3,000*

Fairfax, VA 185 92 10,138,400 17,551 2 3,000 1,500

Harris, TX 914 472 725,228,285 37,141 46 449,091,705 100,000

Dallas, TX 242 93 35,921,612 10,638 2 55,500 27,750

Bexar, TX 260 69 4,981,814 17,033 -- -- --

Philadelphia, PA 348 171 93,312,326 150,000 2 264,800 132,400

Allegheny, PA 215 86 19,330,721 14,090 -- -- --

Franklin, OH 77 44 3,085,951 8,250 1 75,000 75,000*

Cuyahoga, OH 210 101 10,144,891 23,436 3 69,680 26,000

New York, NY 303 151 152,714,630 208,500 1 75,000 75,000*

Middlesex, NJ 185 56 8,520,447 47,792 3 253,000 85,000

Essex, NJ 112 37 9,741,243 17,205 -- -- --

Bergen, NJ 133 59 9,393,811 40,000 -- -- --

St. Louis, MO 123 58 3,707,705 12,000 6 797,796 35,898

Hennepin, MN 197 83 34,555,778 27,835 1 2,500,000 2,500,000*

Wayne, MI 184 72 39,125,856 67,284 -- -- --

Oakland, MI 115 42 13,652,753 55,638 -- -- --

Worcester, MA 41 8 342,196 23,486 -- -- --

Suffolk, MA 79 28 19,449,082 28,189 -- -- --

Norfolk, MA 62 12 1,178,291 16,170 -- -- --

Middlesex, MA 101 22 13,667,262 191,642 1 75,000 75,000*

Essex, MA 47 15 1,092,250 27,510 -- -- --

Jefferson, KY 127 72 5,948,675 12,776 4 494,093 11,250

Marion, IN 62 36 3,214,681 29,969 2 3,850 3,850*

Du Page, IL 88 51 3,520,693 12,660 2 15,000 7,500

Cook, IL 480 218 163,610,496 79,624 2 45,000 45,000*

Honolulu, HI 28 12 569,332 12,281 -- -- --

Fulton, GA 69 38 10,492,920 23,350 2 753,300 376,650

Palm Beach, FL 189 124 20,232,045 31,134 2 450,000 225,000

Orange, FL 61 38 4,255,457 19,283 -- -- --

Dade, FL 316 200 70,534,103 37,384 9 701,635 15,000

Hartford, CT 63 31 890,177 13,886 1 5,000 5,000* c

Fairfield, CT 39 26 3,057,842 24,630 -- -- -- b

Ventura, CA 95 35 2,941,746 11,700 2 56,718 28,359

Santa Clara, CA 69 31 17,102,970 66,822 2 96,752 48,376

San Francisco, CA 111 54 13,363,028 56,608 1 27,000 27,000*

San Bernardino, CA 50 19 10,155,345 65,000 -- -- --

Orange, CA 254 96 80,400,518 31,650 2 52,040 17,020

Los Angeles, CA 185 90 61,649,291 69,550 8 308,886 8,180 a

Fresno, CA 38 16 1,863,937 13,000 2 303,107 151,554

Contra Costa, CA 46 21 6,953,392 44,093 2 28,376 14,188

Alameda, CA 50 25 10,246,638 36,366 -- -- --

Pima, AZ 73 51 15,908,874 21,400 1 15,000 15,000*

Maricopa, AZ 282 150 $61,298,953 $22,784 4 $1,331,200 $450,000

Median

award

Total

award

Number

of plaintiff

winners

Median

award

Total

award

Number of

plaintiff

winners

Total

number of

County tort trials

Punitive damages awarded

to plaintiff winners

 Final amount awarded 

 to plaintiff winners

Appendix B. Final and punitive damage awards for plaintiff winners in tort trials,

by sampled counties, 1996
 Tort Trials and Verdicts in Large Counties, 1996 15

Note: See Sampling error on page 12 for a brief discussion of sample estimates, standard

errors, and confidence intervals.

Punitive 38,000 13,392 21,961 75,099

Final $31,000 $1,512 $27,505 $33,505

Median award to plaintiff winners

Months from filing to final verdict 21.9 mo 1.0 mo 20.0 mo 23.9 mo 

48.2% 0.98% 46.2% 50.1%

Percent of tort trials 

with a plaintiff winner

Bench trial 12.4 0.81 10.8 14.0

Jury trial 85.3% 0.88% 83.6% 87.1%

Percent decided by a C

Other negligence 645 33 579 711

Slander/libel 109 18 73 144

Professional malpractice 186 21 145 227

Medical malpractice 1,201 61 1,081 1,322

Intentional tort 491 48 397 586

Other product liability 238 20 198 277

Asbestos 183 30 124 242

Premises liability 2,232 119 1,996 2,468

Automobile 4,994 436 4,129 5,858

 Number of tort trials

Lower Upper 

One 95%-confidence interval standard

Estimate error

Appendix C. Selected estimates, standard errors, and confidence intervals, 

1996 survey