Why America is not 'like America': debunking myths of the American legal system

The statistical evidence in opposition to this notion is simply staggering.

In a US Department of Justice civil justice survey in 1996 Tort Trials and Verdicts in Large Counties, 1996, the Office of Justice Programs collected sample data about tort, contract and real property rights cases decided by Trial and State Courts of general jurisdiction in the nation’s 75 largest counties.

Most tort trial cases were decided by a jury (85 per cent) rather than a Judge (12 per cent). Forty-seven state constitutions guarantee the right to a jury trial in civil cases in State Courts. Most states require either the plaintiff or the defendant to demand a jury trial, otherwise they forfeit the right to a jury and the case is decided by a Judge.

Plaintiffs prevailed in less than half of all tort trials in the nation’s 75 largest counties during 1996. The total percentage plaintiff winners was 48.2 per cent. Plaintiffs won more often in tort trials decided by a Judge (57 per cent) than by a jury.

The likelihood of a plaintiff winning varied among the different kinds of torts. Plaintiffs were winners in more than half of the automobile accidents (58 per cent), intentional tort (57 per cent) and asbestos (56 per cent) tort trials. Verdicts were in favour of the plaintiff in 52 per cent of the premises liability cases decided by a bench trial and in 38 per cent of the jury trials. For other product liability torts, a similar difference is found between plaintiff win rates in bench trials (70 per cent) and in jury trials (31 per cent).

The most surprising statistic is in respect of claims involving medical and professional malpractice cases decided by a jury. In jury trials, plaintiffs won a mere 23 per cent of cases in medical malpractice cases. In bench trials, plaintiffs won 38.2 per cent.

For those in Australia with the barest of knowledge of the general trend of plaintiff success at trial, the prospects of winning an action in Australia at trial are remarkably better than winning an action in the United States.

Myth No. 3 – Plaintiffs in law suits are routinely given huge damages awards

Final awards of damages to plaintiffs in the United States include compensatory awards for economic damages associated with actual financial losses, non-economic damages related to, for example, emotional pain and suffering, inconvenience or mental anguish and punitive damages that are intended to punish defendants whose actions were grossly negligent or intentional.

In 1996, the median final award in jury trials was $30,000 and $34,000 in judge trials. Final damages of over $250,000 were awarded to 17 per cent of plaintiff winners in tort trials. About six per cent of plaintiff winners were awarded over $1,000,000. It must be recalled that because plaintiffs were only winning less than half of the cases, less than three per cent of plaintiffs overall were awarded more than $1,000,000.

Myth No. 4 – Punitive damages are awarded routinely for minor injuries

The US Department of Justice research revealed that in 1996 about $463 million in punitive damages was awarded to 162 plaintiff winners in tort trials. The median punitive damage award was $38,000.