THE PREDICTABILITY OF PUNITIVE DAMAGES

Using one year of jury trial outcomes from 45 of the nation's most pop ulous counties, this article shows a strong and statistically signific ant correlation between compensatory and punitive damages. These findi ngs are replicated in 25 years of punitive damages awards from Cook Co unty, Illinois, and California. In addition, we find no evidence that punitive damages awards are more likely when individuals sue businesse s than when individuals sue individuals. With respect to award frequen cy, juries rarely award punitive damages and appear to be especially r eluctant to do so in the areas of law that have captured the most atte ntion, products liability and medical malpractice. Punitive damages ar e most frequently awarded in business/contract cases and intentional t ort cases. The frequency-of-award findings are consistent with all maj or studies of punitive damages.