BJS: Bureau of Justice Statistics

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Bureau of Justice Statistics (BJS)
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How often do plaintiffs win in general civil trials?

Overall, plaintiffs won in 56% of all tort and contract trials in 2005. The rate of plaintiff success varied according to the type of case litigated. Plaintiff win rates were not applicable to real property trials.

Plaintiffs were more likely to win in contract cases (66%) than in tort cases (52%). Mortgage foreclosure (89%), animal attack (75%), and seller plaintiff (75%) cases had the highest percentage of plaintiffs who prevailed. Plaintiffs won in over half of the trials for motor vehicle accidents (64%), employment discrimination (61%), and product liability (55%) cases, but prevailed in less than a third of medical malpractice (23%) cases.


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