Abstract

http://ssrn.com/abstract=898863
 
 

Citations (7)



 
 

Footnotes (96)



 


 



The Hidden Victims of Tort Reform: Women, Children, and the Elderly


Lucinda Finley


SUNY Buffalo Law School


Emory Law Journal, Forthcoming
Buffalo Legal Studies Research Paper No. 2006-009

Abstract:     
I have conducted empirical research from several states on how juries in medical malpractice and other tort suits allocate their damage awards between economic loss damages and noneconomic loss damages. I then compared cases in which men are the victims and cases in which women are the victims. This research demonstrates that while overall men tend to recover greater total damages, juries consistently award women more in noneconomic loss damages than men, and that the noneconomic portion of women's total damage awards is significantly greater than the percentage of men's tort recoveries attributable to noneconomic damages. Consequently, any cap on noneconomic loss damages will deprive women of a much greater proportion and amount of a jury award than men. Noneconomic loss damage caps therefore amount to a form of discrimination against women and contribute to unequal access to justice or fair compensation for women.

Number of Pages in PDF File: 53

Keywords: damages, damage caps, noneconomic damages, medical malpractice, gender discrimination, tort reform

Accepted Paper Series


Download This Paper

Date posted: April 25, 2006  

Suggested Citation

Finley, Lucinda, The Hidden Victims of Tort Reform: Women, Children, and the Elderly. Emory Law Journal, Forthcoming; Buffalo Legal Studies Research Paper No. 2006-009. Available at SSRN: http://ssrn.com/abstract=898863

Contact Information

Lucinda M. Finley (Contact Author)
SUNY Buffalo Law School ( email )
528 O'Brian Hall
Buffalo, NY 14260-1100
United States
Feedback to SSRN


Paper statistics
Abstract Views: 2,041
Downloads: 388
Download Rank: 41,433
Citations:  7
Footnotes:  96

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.313 seconds