Civil juries and the politics of reform.

Daniels, S. D., & Martin, J. (1995). Civil juries and the politics of reform. Evanston, IL: Northwestern University Press/American Bar Foundation.

<1>Results very similar to Daniels & Martin (1990). Overall plaintiff rate near 50% but varied considerably by jurisdiction and case type (highest for auto accidents and contracts, lowest for medical malpractice). Punitive damages rarely awarded, usually modest in size, most likely to occur in cases of physical or financial harm (as opposed to emotional harm or property damage). Majority of cases related to surgery for medical malpractice (62%), work settings for product liability (52%). For both medical malpractice and product liability, plaintiff success rates and damage awards positively related to injury severity (up to “death”). <2>No consistent temporal patterns for plaintiff success rates or awards, in general or by case type, in 21 years of longitudinal data.

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