As published by the Association of Trial Lawyers of America

The Comprehensive Government Study That Soundly Contradicts Tort 'Reformer' Rhetoric For years, tort 'reformers' have led Congress, the public, and the press to believe that our civil justice system was overwhelmed by the demands of a litigious society that encouraged juries to give away groundless damage awards. Now, the U.S. Department of Justice's Bureau of Justice Statistics (BJS) debunks these false assertions about the civil justice system with its study Tort Trials and Verdicts in Large Counties, 1996. The study, which examines tort cases in America's 75 largest counties, is perhaps the most comprehensive, unbiased study released to the public in years, and it should significantly impact the thoughts of policymakers and press.

Myth: "Our civil justice system is overwhelmed with lawsuits and the system allows those who sue to win all the time."

FACT: Tort trials are not common, and plaintiffs (injured people who bring the suits) win fewer than half of them. On average, plaintiffs won just 48% of the time.

Myth: "Plaintiffs in lawsuits are routinely given huge damages awards. This turns our civil courts into a 'lottery' system in which people sue hoping to win a 'jackpot' that will financially support them for life."

FACT: When given, awards are generally small. The study said $30,500 was the median final award received by plaintiffs in the study. This includes both compensatory and punitive damages. (Compensatory awards are given to restore the plaintiff to the condition he/she occupied before the injury. Punitive damages are awarded to punish a defendant who commits a willful or malicious tortuous act - in other words, for egregious misconduct by the defendant).

Myth: "Irrational juries who don't understand the subtleties of law get swept away by the emotional pleas of lawyers and their clients. This leads juries to give plaintiffs in lawsuits huge punitive damages awards on a regular basis."

FACT: Punitive damages are rarely given - a mere 3% of plaintiff winners in tort trials were awarded them. In addition, punitive damages awards are small. The median punitive damage award for defendants' outrageous misconduct was only $38,000. Contrary to common belief, juries don't award more punitive damages; judges do. Plaintiff winners were more likely to be awarded punitive damages in bench (judge- decided) trials than jury trials.

Myth: "Checks and balances in the civil justice system don't work."

FACT: Initial damage awards are often reduced. Among tort jury trials, about 18% of awards to plaintiff winners were reduced - by 43% on average.>

Myth: "The number of tort trials clogging the system is rising, and the amount of money plaintiffs are winning is rising too."

FACT: Overall, plaintiffs won slightly fewer tort jury trials in 1996 (48%) than in 1992 (50%). Half of plaintiff winners in tort jury trials won $57,000 or more in 1992; in 1996 half of plaintiff winners won only $30,000 or more - a significant drop in those amounts awarded.

The full study can be found at the BJS website at http://www.ojp.usdoj.gov/bjs/abstract/ttvlc96.htm.