Effects of Plaintiff's Recommendations, Cautionary Instructions, and Deliberation on Jury Awards for Pain and Suffering

2012 ◽  
Author(s):  
Christopher D. Kimbrough ◽  
Brian Bornstein ◽  
Bradley D. McAuliff
Keyword(s):  
Pain And Suffering ◽  
Jury Awards

Psychological and structural bias in civil jury awards

2016 ◽  
Vol 8 (4) ◽  
pp. 247-257 ◽  
Author(s):  
Erik Girvan ◽  
Heather J. Marek
Keyword(s):  
Impact Damage ◽  
Statistical Tests ◽  
Demographic Information ◽  
Data Set ◽  
Methodological Innovation ◽  
Content Type ◽  
Pain And Suffering ◽  
Race Ethnicity ◽  
Jury Awards ◽  
Psychological Bias

Purpose The purpose of this paper is twofold. First, it proposes a basic organizing framework for when a plaintiff’s race, ethnicity, or sex may impact civil jury awards. The framework takes into account psychological and structural sources of bias and the ways in which they may interact when jurors have more or less discretion. Second, the paper employs a methodological innovation to overcome one of the primary barriers to empirical field research on bias in civil legal decisions: the absence of plaintiff demographic information. Design/methodology/approach The data set is comprised of jury verdicts in tort cases combined with information from the US Census Bureau regarding race and ethnicity. Statistical tests measure the relationships between race, ethnicity, sex, and awards for economic damages and pain and suffering. Findings Overall, the results were consistent with the psycho-structural framework. Where jurors had discretion (i.e. pain and suffering damages), they awarded less to black plaintiffs than to white plaintiffs, indicating potential psychological bias. Where jurors had little discretion (i.e. lost income) they awarded less to female plaintiffs and more to Asian plaintiffs than to male and white plaintiffs, respectively, a potential reflection of structural income disparities. Thus, the framework and method have promise for exploring relationships between structural and psychological bias and differential civil jury awards. Originality/value Because demographic information is not easily available, there is very little research on race and gender bias in civil cases. This study introduces and provides a conceptual test of a novel framework for when bias is most likely to impact damage awards in these cases and tests it using advances in social demography that can help researchers overcome this barrier.

Clinical Update: Pain and Suffering

2003 ◽  
Vol 8 (1) ◽  
pp. 5-5
Author(s):  
Sheila Wendler
Keyword(s):  
Subjective Experience ◽  
Personal Injury ◽  
Treatment Interventions ◽  
Medical Expenses ◽  
Affective Component ◽  
Pain Behaviors ◽  
The Social ◽  
Patient’S Experience ◽  
Pain And Suffering ◽  
And Training

Abstract Attorneys use the term pain and suffering to indicate the subjective, intangible effects of an individual's injury, and plaintiffs may seek compensation for “pain and suffering” as part of a personal injury case although it is not usually an element of a workers’ compensation case. The AMA Guides to the Evaluation of Permanent Impairment (AMA Guides), Fifth Edition, provides guidance for rating pain qualitatively or quantitatively in certain cases, but, because of the subjectivity and privateness of the patient's experience, the AMA Guides offers no quantitative approach to assessing “pain and suffering.” The AMA Guides also cautions that confounders of pain behaviors and perception of pain include beliefs, expectations, rewards, attention, and training. “Pain and suffering” is challenging for all parties to value, particularly in terms of financial damages, and using an individual's medical expenses as an indicator of “pain and suffering” simply encourages excessive diagnostic and treatment interventions. The affective component, ie, the uniqueness of this subjective experience, makes it difficult for others, including evaluators, to grasp its meaning. Experienced evaluators recognize that a myriad of factors play a role in the experience of suffering associated with pain, including its intensity and location, the individual's ability to conceptualize pain, the meaning ascribed to pain, the accompanying injury or illness, and the social understanding of suffering.

Pain and Suffering

1969 ◽  
Vol 14 (2) ◽  
pp. 100-101
Author(s):  
RICHARD A. STERNBACH
Keyword(s):  
Pain And Suffering

Determining damages: The psychology of jury awards.

2003 ◽  
Author(s):  
Edie Greene ◽  
Brian H. Bornstein
Keyword(s):  
Jury Awards

For the Pain and Suffering Caused, We Say, “Sorry”

PsycCRITIQUES ◽  
2009 ◽  
Vol 54 (18) ◽  
Author(s):  
Catherine Scott
Keyword(s):  
Pain And Suffering

Measures Used to Establish Pain and Suffering

1999 ◽  
Author(s):  
M. T. Boccaccini ◽  
S. L. Brodsky
Keyword(s):  
Pain And Suffering

“The Pain Of Protagonists” Inselected Novels Of Anita Nair

Think India ◽  
2019 ◽  
Vol 22 (2) ◽  
pp. 434-438
Author(s):  
R. CELIN DIANA
Keyword(s):  
Family Members ◽  
Central Theme ◽  
Social Convention ◽  
Indian Women ◽  
Her Family ◽  
Modern Times ◽  
Female Protagonists ◽  
The Social ◽  
Pain And Suffering ◽  
Simple Life

MRS. R. CELIN DIANA A female is God's lovable creature to balance man. She is mentally and physically weak through creation itself, but she express her feelings unexpectedly in the battle against her. She is even spoiled for that. A women’s picture is a central theme to literature writings around the globe. The writings of Anita Nair is concerned with man, females, nature, true life, and social convention. She explores the existential struggle of her protagonists in most of her novels. Nair describes particularly, how Indian women are exploited, abused, marginalized even in the modern times both by individuals and by the society. Apart from the society women are tossed even by her family members. Anita Nair emphasizes the need for creating awareness in women. Her female protagonists are conscious of the injustice in marriage brought to them.Probably, the protagonists of Nair’s novels denies to flow along the current.  They seem to be adamant or aggressive, but the fact is that they underwent much pain and suffering. Apart from the pain the protagonists are the losers of life, respect, family, dignity and everything. This paper is an effort to bring to light the pathetic conditions of the protagonists,and to study the social, family and economic picture of women's suffering in life. Though the protagonist characters are brave, they seem pathetic and losers of a common simple life, they dream to live. Anita Nair defines circumstances or occurrences that harm or kill characters due to the aggressive nature of characters in her novels.

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