ABSTRACT
In general, high plaintiff error rates are associated with cases in which contingency fee arrangements are common, for example, personal injury (53 percent error rate) and medical malpractice (81 percent error rate), while low error rates are associated with cases in which contingency fee arrangements are uncommon, for example, contracts (44 percent error rate) and eminent domain (42 percent error rate).48 On the defense side, high error rates are noted in cases where insurance coverage is generally unavailable, for example, contracts (44 percent) and fraud (40 percent), while low error rates are associated with cases in which insurers are more likely to represent defendants, for example, premises liability (17.5 percent error rate) and personal injury (26.3 percent error rate).
