For example, the extent to which damages may be reduced if the injured party contributed to the accident differs among states. 20 Liability standards are not uniform among the various jurisdictions. In 2000, more than 700,000 torts were filed in state general-jurisdiction courts, compared with only about 37,000 in federal courts, the Congressional Budget Office (CBO) estimates. The vast majority of tort filings occur in state courts. Nevertheless, trial verdicts set precedents for all cases and thus affect the incentive to settle by signaling the value and probability of success to future litigants. 18 For example, cases that go to trial probably involve larger dollar amounts, on average. Those data therefore show only part of the picture-there may be important differences between cases that go to trial and cases that settle out of court. Generally, details of civil disputes settled before a trial are not reported to the courts and hence are not included in publicly available data. 17 In some cases, settlements may be reached through alternative methods of dispute resolution, such as voluntary arbitration or mediation. They avoid uncertain trial outcomes and delays and can agree to keep settlements confidential. 15 The NCSC similarly reports that “he vast majority of all tort cases are disposed through some form of settlement, with only 3 percent of all tort matters resulting in a jury trial.” 16 Litigants have mutual incentives to save on litigation costs by settling out of court. district courts in fiscal year 2000, only 3 percent were decided in trials. For example, of the 41,696 tort cases that were terminated in U.S. The majority of tort disputes never reach a trial verdict.
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