Explaining 'pain and suffering' awards: The role of injury characteristics and fault attributions

Roselle L. Wissler; David L. Evans; Allen J. Hart; Marian M. Morry; Michael J. Saks

doi:10.1023/A:1024878329333

Explaining 'pain and suffering' awards: The role of injury characteristics and fault attributions

Roselle L. Wissler, David L. Evans, Allen J. Hart, Marian M. Morry, Michael J. Saks

Research output: Contribution to journal › Article › peer-review

52 Scopus citations

Abstract

The present research explored factors thought to affect compensatory awards for non-economic harm ('pain and suffering') in personal injury cases. Experiment 1 showed that the nature and severity of the plaintiff's injury had a strong effect on perceptions of the extent of harm suffered and on award amounts. The parties' relatively active or passive roles in causing the injury affected assessments of their degree of fault, but perceived fault had little influence on awards. Experiment 2 replicated with more varied cases the strong impact of injury severity on harm perception and on awards for pain and suffering. In both studies, the disability and the mental suffering associated with injuries were stronger predictors of awards than were pain and disfigurement.

Original language	English (US)
Pages (from-to)	181-207
Number of pages	27
Journal	Law and human behavior
Volume	21
Issue number	2
DOIs	https://doi.org/10.1023/A:1024878329333
State	Published - 1997
Externally published	Yes

ASJC Scopus subject areas

Arts and Humanities (miscellaneous)
Psychology(all)
Psychiatry and Mental health
Law

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title = "Explaining 'pain and suffering' awards: The role of injury characteristics and fault attributions",

abstract = "The present research explored factors thought to affect compensatory awards for non-economic harm ('pain and suffering') in personal injury cases. Experiment 1 showed that the nature and severity of the plaintiff's injury had a strong effect on perceptions of the extent of harm suffered and on award amounts. The parties' relatively active or passive roles in causing the injury affected assessments of their degree of fault, but perceived fault had little influence on awards. Experiment 2 replicated with more varied cases the strong impact of injury severity on harm perception and on awards for pain and suffering. In both studies, the disability and the mental suffering associated with injuries were stronger predictors of awards than were pain and disfigurement.",

author = "Wissler, {Roselle L.} and Evans, {David L.} and Hart, {Allen J.} and Morry, {Marian M.} and Saks, {Michael J.}",

note = "Funding Information: This research was partially supported by an Interdisciplinary Research Grant from the Center for Advanced Studies, University of Iowa, awarded to the third author. The authors would like to thank David Baldus and Randall Bezanson for their helpful comments on an earlier version of the manuscript.",

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AU - Wissler, Roselle L.

AU - Evans, David L.

AU - Hart, Allen J.

AU - Morry, Marian M.

AU - Saks, Michael J.

N1 - Funding Information: This research was partially supported by an Interdisciplinary Research Grant from the Center for Advanced Studies, University of Iowa, awarded to the third author. The authors would like to thank David Baldus and Randall Bezanson for their helpful comments on an earlier version of the manuscript.

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N2 - The present research explored factors thought to affect compensatory awards for non-economic harm ('pain and suffering') in personal injury cases. Experiment 1 showed that the nature and severity of the plaintiff's injury had a strong effect on perceptions of the extent of harm suffered and on award amounts. The parties' relatively active or passive roles in causing the injury affected assessments of their degree of fault, but perceived fault had little influence on awards. Experiment 2 replicated with more varied cases the strong impact of injury severity on harm perception and on awards for pain and suffering. In both studies, the disability and the mental suffering associated with injuries were stronger predictors of awards than were pain and disfigurement.

AB - The present research explored factors thought to affect compensatory awards for non-economic harm ('pain and suffering') in personal injury cases. Experiment 1 showed that the nature and severity of the plaintiff's injury had a strong effect on perceptions of the extent of harm suffered and on award amounts. The parties' relatively active or passive roles in causing the injury affected assessments of their degree of fault, but perceived fault had little influence on awards. Experiment 2 replicated with more varied cases the strong impact of injury severity on harm perception and on awards for pain and suffering. In both studies, the disability and the mental suffering associated with injuries were stronger predictors of awards than were pain and disfigurement.

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Explaining 'pain and suffering' awards: The role of injury characteristics and fault attributions

Abstract

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