From Meaning to Money: Translating Injury Into Dollars

55 Pages Posted: 16 Feb 2018

See all articles by Valerie P. Hans

Valerie P. Hans

Cornell University - School of Law

Rebecca Helm

University of Exeter - School of Law

Valerie F. Reyna

Cornell University

Date Written: February 14, 2018

Abstract

Legal systems often require the translation of qualitative assessments into quantitative judgments, yet the qualitative-to-quantitative conversion is a challenging, understudied process. We conducted an experimental test of predictions from a new theory of juror damage award decision making, examining how 154 lay people engaged in the translation process in recommending money damages for pain and suffering in a personal injury tort case. The experiment varied the presence, size, and meaningfulness of an anchor number to determine how these factors influenced monetary award judgments, perceived difficulty, and subjective meaningfulness of awards. As predicted, variability in awards was high, with awards participants considered to be “medium” (rather than “low” or “high”) having the most dispersion. The gist of awards as low, medium, or high fully mediated the relationship between perceived pain/suffering and award amount. Moreover, controlling for participants’ perceptions of plaintiffs and defendants, as well as their desire to punish and to take economic losses into account, meaningful anchors predicted unique variance in award judgments: A meaningful large anchor number drove awards up and a meaningful small anchor drove them down, whereas meaningless large and small anchors did not differ significantly. Numeracy did not predict award magnitudes or variability, but surprisingly, more numerate participants reported that it was more difficult to pick an exact figure to compensate the plaintiff for pain and suffering. The results support predictions of the theory about qualitative gist and meaningful anchors, and suggest that we can assist jurors to arrive at damage awards by providing meaningful numbers.

Keywords: jury decisions, damage awards, fuzzy-trace theory, numeracy, anchoring effects

Suggested Citation

Hans, Valerie P. and Helm, Rebecca and Reyna, Valerie F., From Meaning to Money: Translating Injury Into Dollars (February 14, 2018). Law and Human Behavior, Forthcoming; Cornell Legal Studies Research Paper No. 18-08. Available at SSRN: https://ssrn.com/abstract=3123790

Valerie P. Hans (Contact Author)

Cornell University - School of Law ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States
607-255-0095 (Phone)

Rebecca Helm

University of Exeter - School of Law ( email )

Streatham Court
University of Exeter
Exeter, EX4 4QJ
United Kingdom

HOME PAGE: https://socialsciences.exeter.ac.uk/law/staff/helm/

Valerie F. Reyna

Cornell University ( email )

Ithaca, NY 14853
United States

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