Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases
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General

    10/30/2008
    James R. Carroll, Jr., Esquire
    Comments (0)

    DOJ study finds plaintiffs won state court civil trials over half the time.

    According to the National Law Journal (10/30, Jaksic), a new Department of Justice report found that "plaintiffs won in more than half of state court civil trials in 2005 and were more likely to get a favorable verdict in bench than jury trials." Judges ruled in plaintiffs' "favor in 68 percent of the cases, while juries favored the plaintiffs 54 percent of the time."

    The report also found that "the final median damage award of $28,000" and "punitive damages were awarded in about 5 percent of the cases, with $64,000 as the median punitive damages award."

    Additionally, there was "a major drop in the number of civil trials, with numbers decreasing by 52 percent from 1992 to 2005 in the nation's 75 most populous counties. In these counties, the median final award also decreased, from $72,000 in 1992, to $43,000 in 2005." However, "in products liability trials, median awards were five times higher in 2005 and median medical malpractice awards more than doubled."

    So much for the argument that there's a "frivolous lawsuit epidemic."
    Labels: frivolous lawsuit premise liability, punitive damages, tort reform,


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