Instructing Jurors on General Damages in Personal Injury Cases

Psychology, Public Policy & Law, Vol. 6, p. 712, 2000

Posted: 14 Dec 2010 Last revised: 28 Feb 2011

Roselle Wissler

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

Michael J. Saks

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

Patricia F. Kuehn

affiliation not provided to SSRN

Date Written: 2000

Abstract

The authors consider instructions that courts do or could give to jurors to guide them in making awards for general damages in civil litigation. The authors review the nature and content of current instructions about the factors that should (or should not) affect juror's awards, as well as the limited body of empirical research on the impact of these instructions. The most noteworthy feature of current instructions regarding damages is the lack of guidance they provide. The consequence appears to be awards that have considerable variability and that are influenced by improper considerations. The authors also discuss research on the effectiveness of alternative forms of jury instructions and trial procedures in preventing or reducing these problems. From Psychology, Public Policy & Law, 2000, Vol. 6, No. 3, 712-742. DOI: 10.1037//1076-8971.6.3.712 Copyright © 2000 by the American Psychological Association. Reproduced with permission.

Keywords: jury instructions, personal injury, damages

Suggested Citation

Wissler, Roselle and Saks, Michael J. and Kuehn, Patricia F., Instructing Jurors on General Damages in Personal Injury Cases (2000). Psychology, Public Policy & Law, Vol. 6, p. 712, 2000. Available at SSRN: https://ssrn.com/abstract=1725436

Roselle Wissler (Contact Author)

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

Box 877906
Tempe, AZ 85287-7906
United States

Michael J. Saks

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

Box 877906
Tempe, AZ 85287-7906
United States

Patricia F. Kuehn

affiliation not provided to SSRN ( email )

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