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As published by the Association of Trial Lawyers of America
According to the National Center for State Courts report released in March 2000 (Examining the Work of the State Courts, 1998), the number of tort filings has changed minimally since 1986 and has decreased by 16% since 1996. This data was collected from 16 states which have collected filing data since 1975.
Over the past 10 years, with data collected from 28 states, the National Center for State Courts found that there has been no change in the number of tort filings since 1989. The 28 states in the study comprise 68% of the population.
In a recently released study done by the Bureau of Justice Statistics examining the Composition of Civil Trials in the Nation's Largest 75 Counties (1996), there were 10,728 trials involving tort issues. There were only 1201 medical malpractice trials (7.7%), 238 product liability trials (1.5%) and 183 asbestos trials (1.2%). Approximately 3.7% of tort cases are disposed of by trial.
People injured by tortuous acts actually underutilize the tort system, therefore shouldering the cost on their own. [1] According to a 1993 Harvard study, only 2% of people injured by medical malpractice file a medical malpractice claim. [2]
Punitive damages were awarded in 3% of all tort trials according to the Bureau of Justice Statistics. Punitive damages were awarded in 1% of medical malpractice cases, 3% of asbestos cases, and 13% of product liability cases.
FOOTNOTES
- See Generally Richard Abel, The Real Tort Crisis-Too Few Claims, 48 Ohio St. L.J. 443, 447 (1987).
- See e.g., Paul C. Weiler et. al., A Measure of Malpractice 73 (1993) (Harvard study of medical malpractice found that only 2% of persons injured by negligent medical care filed suit.)
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