Lex Machina® 2025 Torts Litigation Report Examines Rise in Lawsuits

The Lex Machina® 2025 Torts Litigation Report explores the latest trends in torts cases in federal district and circuit courts, giving legal and insurance professionals powerful insights for risk assessment and dispute resolution in the 2020s.  

The report spotlights trends in non-product-liability tort claims for negligence, strict liability, assault, battery, defamation, false imprisonment, false-light invasion of privacy, and intentional infliction of emotional distress. These claims have become more frequent since 2022, with 20% more torts cases initiated in federal district courts in 2023 and 2024 compared to the 2021-22 period.  

“The Lex Machina Torts Litigation Report provides useful insights about litigation activity across courts and subject areas," said Aurelia Sanchez, Head Librarian at Rivkin Radler LLP. “My firm has found it to be a helpful resource in understanding how the litigation landscape has evolved over time.” 

Several factors might influence the growing proportion of these claims on federal court dockets, especially those involving motor vehicles and allegations of premises liability. 

• Large jury verdicts in recent cases – and the increasing prevalence of attorneys advertising the same – have likely caught the eyes of claimants, leading more of them to file lawsuits rather than agree to pre-suit resolutions. 

• The rising cost of living has made it easier for litigants to establish that tort claims for property damage, lost wages, and certain injuries exceed the $75,000 amount-in-controversy requirement for federal courts to hear diversity-of-citizenship cases. 

• Along the same lines, the limits of most insurance policies likely have not kept up with inflation. As costs rise, policies are less likely to fully compensate claimants, leaving more injured claimants with the courts as their only option.  

“Tort litigation in the Federal District Courts increased generally over the past 10 years. But this increase has not occurred in all types of cases. Some areas of tort litigation, medical malpractice for example, have declined significantly,” said Ron Porter, Lex Machina Practice Lead for Torts Analytics. As the report highlights, the volume of medical malpractice claims in federal courts has dropped steadily each year since 2020, with fewer such lawsuits reaching federal courts in 2024 than since at least 2009. Claims under the Federal Tort Claims Act (FTCA) for medical malpractice have notably declined in volume, likely because of changes in the administrative procedures governing those claims. 

Lex Machina for Litigation Success

Lex Machina, the LexisNexis® Legal Analytics® platform, equips litigation professionals to win more cases and win more business. From precise timing metrics that inform legal budgeting to trends among top law firms and leading judges, Lex Machina provides customized insights that supplement traditional research and accumulated experience. These insights help lawyers to prospect for clients, navigate motion and trial strategies, and negotiate settlements intelligently, ultimately giving firms a competitive edge in litigation. 

Our April 2025 survey of over 415 law-firm attorneys and professional staff highlighted the essential nature of analytics in modern civil litigation practice. Over 95% of respondents agreed that analytics are valuable to their practices, and seven out of ten reported that clients now expect them to use litigation analytics while working on their matters.  

Ready to become a data-empowered law office? Request a short demonstration of Lex Machina and a customized analytical report today.