Abstract

http://ssrn.com/abstract=1724732
 
 

Citations



 


 



Explaining 'Pain and Suffering' Awards: The Role of Injury Characteristics and Fault Attributions


Roselle Wissler


Arizona State University (ASU) - Sandra Day O'Connor College of Law

Allen J. Hart


Amherst College

David C. Evans


affiliation not provided to SSRN

Marian Morry


affiliation not provided to SSRN

Michael J. Saks


Arizona State University (ASU) - Sandra Day O'Connor College of Law

1997

Law and Human Behavior, Vol. 21, No. 2, p. 181, 1997

Abstract:     
The present empirical research explored factors thought to affect compensatory awards for non-economic ham ("pain and suffering") in personal injury cases. Experiment 1showed that the nature and severity of the plaintiffs' injury had a strong effect on perceptions of the extent of harm suffered and on award amounts. The parties' relatively active or passive roles in causing the injury affected assessments of their degree of fault, but perceived fault had little influence on awards. Experiment 2 replicated with more varied cases the strong impact of injury severity on harm perception and on awards for pain and suffering. In both studies, the disability and the mental suffering associated with injuries were stronger predictors of awards than were pain and disfigurement.

Keywords: Damages, Personal Injury, Juror Decision Making

Accepted Paper Series


Not Available For Download

Date posted: December 13, 2010 ; Last revised: December 15, 2010

Suggested Citation

Wissler, Roselle and Hart, Allen J. and Evans, David C. and Morry, Marian and Saks, Michael J., Explaining 'Pain and Suffering' Awards: The Role of Injury Characteristics and Fault Attributions (1997). Law and Human Behavior, Vol. 21, No. 2, p. 181, 1997. Available at SSRN: http://ssrn.com/abstract=1724732

Contact Information

Roselle Wissler (Contact Author)
Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )
Box 877906
Tempe, AZ 85287-7906
United States
Allen J. Hart
Amherst College ( email )
Amherst, MA 01002
United States
David C. Evans
affiliation not provided to SSRN ( email )
Marian Morry
affiliation not provided to SSRN ( email )
Michael J. Saks
Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )
Box 877906
Tempe, AZ 85287-7906
United States
Feedback to SSRN


Paper statistics
Abstract Views: 230

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.250 seconds