Defending Torts: What Should We Know?
Herbert M. Kritzer
University of Minnesota Law School
William Mitchell Legal Studies Research Paper No. 70
Univ. of Wisconsin Legal Studies Research Paper No. 1044
Journal of Tort Law, Forthcoming
This paper considers the state of our knowledge about the process of defending tort claims. A variety of specific topics are covered including relationships among the key actors on the defense side (alleged tortfeasor, insurer, and defense lawyer); the incentives faced by these actors; the resolutions of issues of liability, causation, and damages; different types of claimants; variations among tortfeasors and their insurers; conflicts on the defense side; staff lawyers and in-house counsel; the problem of defending sure losers; and the use of experts by the defense. A brief appendix presents some data on the sociology of defense practice (i.e., the characteristics of lawyers who describe themselves as specialists in personal injury defense).
Number of Pages in PDF File: 61
Keywords: litigation, torts, defense, lawyers, insurers, insurance, defendantsAccepted Paper Series
Date posted: March 30, 2007
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