Federal Lawsuit Damages Hit Record Highs as ‘Social Inflation’ Claims Gain Data Support

Lex Machina analysis of 73,000+ cases shows average damage awards in 2023-2024 reached unprecedented levels, with jury verdicts nearly doubling in value since 2022.
By: | August 8, 2025
litigation costs

A comprehensive analysis of more than 73,000 federal court cases reveals that average damage awards in 2023 and 2024 reached the highest levels on record, lending empirical support to insurance industry claims of “social inflation” in lawsuit damages, according to the Lex Machina 2025 Damage Awards Report.

The data reveals a stark divergence between different methods of case resolution, with jury verdicts showing exponential growth while judicial awards remain relatively stable, the report showed.

The average jury verdict award in favor of plaintiffs was $16.2 million in 2024, representing a dramatic acceleration from $9.2 million in 2022, or the average of $4.3 million in 2019, according to the report.

This upward trajectory has been building since the COVID-19 pandemic, with median damage awards from 2020 through 2024 running more than 12% higher than those issued from 2015 through 2019. In contrast, damage awards from judges rather than juries have fluctuated moderately without showing significant growth patterns, according to the report.

The trend varies dramatically by litigation specialty area. Patent infringement cases saw the greatest increase, experiencing a 231% increase in total damages to $12.7 billion in 2020-2024, from $3.8 billion in between 2015-2019. Total damages in insurance-related cases showed a 187% increase when comparing the two periods, rising to $3.2 billion from $1.1 billion. And rounding out the top 3 were trade secret violation cases, which saw total damages jump 154% to $3.5 billion in 2020-2024 from $1.4 billion in 2015-2019, the report said.

However, other areas declined precipitously, with total damages in environmental statute claims dropping 85% and total damages in product liability awards falling 82% between the two time periods, the report said.

Practice Area Shifts Create New Risk Landscape

The changing award landscape has prompted strategic shifts in litigation patterns, with attorneys increasingly pursuing cases in higher-value practice areas while avoiding those showing declining returns, according to Lex Machina. Patent cases, which averaged $35.8 million in awards from 2020-2024 compared to $11.9 million in the 2015-2019 period, have attracted more plaintiffs willing to pursue claims through judgment, according to the report. There were 738 patent cases in 2020-2024, compared with 305 in the 2015-2019 period.

Conversely, traditional litigation areas have become less attractive. Contract disputes, once a cornerstone of commercial litigation, saw average awards drop 14% between the two periods, potentially explaining why fewer such cases proceeded to judgment, according to the report. Awards in False Claims Act cases declined 69% in average value despite increased filing volume following Paycheck Protection Program fraud investigations.

The insurance industry faces a particularly complex environment, as the data validates longstanding “social inflation” concerns while revealing that the phenomenon affects different coverage areas unevenly. While tort claims in federal court showed average damage awards increasing 150% between periods, damage awards in product liability cases experienced the opposite trend with am 85% decline in average value, the report found.

Obtain a copy of the report here. &

The R&I Editorial Team can be reached at [email protected].

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