legal compensation explained: stats every litigant should know before they sue
TRANSCRIPT
[Civil Damages]Lawsuit Compensation, Settlements & Tort Suit
Resolution Data
How Many Civil Legal Claims
Are Filed Each Year?
According to the Bureau of Justice Statistics, 2005:
• 7.4 million civil claims were filed nationwide
• 26,950 civil cases were disposed in state courts of general jurisdiction
Source: Civil Bench and Jury Trials in State Courts, 2005
The Most Common Cases In
Civil Trials
According to the Bureau of Justice Statistics, 2005 report:
• 61% of the nation’s civil cases disposed of by trial – tort claims
• 33% - contract cases
• 6% - real property cases
Source: Civil Bench and Jury Trials in State Courts, 2005
Tort Trials In State Courts
By Type
Source: Bureau of Justice Statistics
0%
5%
10%
15%
20%
25%
30%
35%
40%
MotorVehicle
MedicalMalpractice
PremisesLiability
IntentionalTort
Other /Unknown
Tort
Conversion ProductLiability
ProfessionalMalpractice
AnimalAttack
False Arrest Slander
Tort Cases 2005
Contract Trials In State
Courts By Type
0.00%
2.00%
4.00%
6.00%
8.00%
10.00%
12.00%
Contract Cases 2005
Source: Bureau of Justice Statistics
Property Trials In State
Courts By Type
0.00%
0.50%
1.00%
1.50%
2.00%
2.50%
3.00%
3.50%
4.00%
Title / Boundary Dispute Eminent Domain Other
Real Property Cases, 2005
Source: Bureau of Justice Statistics
What Do The Involved
Litigants Look Like
Litigants Jury Trials Bench Trials
Individual vs. Individual
45.5% 33.7%
Individual vs. Business 30.4% 22.2%
Business vs. Individual 1.8% 17.9%
Business vs. Business 6.4% 16.8%
Source: Bureau of Justice Statistics
How Often Do They Win?
Litigants Jury Trials Bench Trials
Plaintiffs Overall 53.2% 65.7%
Plaintiffs In Torts 51.3% 56.2%
Plaintiffs In Contracts 61.9% 68.5%
Source: Bureau of Justice Statistics
Tort Trial Win Stats By Type
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
80.00%
MotorVehicle
MedicalMalpractice
PremisesLiability
IntentionalTort
Other /Unknown
Tort
Conversion ProductLiability(other)
ProfessionalMalpractice
AnimalAttack
False Arrest Slander
Tort Cases, 2005
Source: Bureau of Justice Statistics
Contract Trial Win Stats By
Type
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
80.00%
90.00%
100.00%
Contract Cases, 2005
Source: Bureau of Justice Statistics
Average Compensation Won
By Case Type
Case Type Median Final Award (Compensatory &Punitive), 2005
Asbestos $682,000
Medical Malpractice $400,000
Employment Discrimination $175,000
Premises Liability $98,000
Mortgage Foreclosure $78,000
Fraud $75,000
Intentional Tort $38,000
Seller Plaintiff $27,000
Buyer Plaintiff $17,000
Automobile $15,000
Source: Bureau of Justice Statistics
How Often Are Punitive
Damages Won
Amount Awarded Percentage of Plaintiff Winners
Over $250,000 27%
$1M + 13%
Less than $250,000 60%
• $64,000 - the median overall punitive damage amount awarded
• just 5% of plaintiff winners in general civil trials were awarded punitive damages (2005)
Source: Bureau of Justice Statistics
Medical Malpractice:
Judgements vs. Settlements
According to the “2013 Medical Malpractice Payout Analysis”:
• $3.6 billion – total medical malpractice payout amount in 2013
• 93% payouts resulted from settlements
• 5% - from judgment
Employment Law Claims
Payout Data
According to DOL (Wage & Hour Division):
• In FY-2015, WHD found over $246 million in back wages
• In 2014 and 2015, overtime is the most common type of allegation in settled wage & hour cases
Source: NERA.com
Types of Damages In Tort
Cases
Dam
ages
Compensatory
Punitive
Have more questions about available damages in a civil case, visit: https://www.lawsuitlegal.com/compensation.php
Compensatory Damages
Explained
Typ
es
of
Co
mp
en
sato
ry
Dam
ages
(C
ivil
Law
suit
)Compensation for
Medical Care
Recovering Lost Wages
Payouts for Emotional Distress
What Other Types of
Damages Exist?
Oth
er T
ypes
of
Dam
ages
(S
imila
r to
Em
oti
on
al D
istr
ess)
Loss of Companionship
Mental Anguish
Stress & Anxiety
Negligent Infliction of Emotional Distress
Have A Potential Lawsuit
Claim?
“Defendants will do everything they can to limit their liability after an accident. Victims need a skilled lawyer focused on their recovery, to ensure they don’t settle for less than they may be entitled.“
- LawsuitLegal.com
Have More Questions?
Considering suing for compensation? Connect with a qualified lawsuit attorney who will make sure you are aware of your legal rights, and ensure your
voice and needs are not ignored.
www.lawsuitlegal.com
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easy to acquire award-winning legal assistance when it's needed most.
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Source: http://www.bjs.gov/content/pub/pdf/cbjtsc05.pdf