Document Type

Article

Publication Date

2019

Keywords

Juries, Damage awards, Pain and suffering

Disciplines

Civil Law | Legal Remedies

Abstract

What do civil jurors think about when they are asked to make damage award decisions? Given the secrecy of the jury deliberation process, often we are unaware of jurors' thought processes. This Article presents the results from three studies in which mock jurors explained the reasoning behind their damage awards for pain and suffering. We highlight the most common explanations and distinguish between reasons justifying high and low pain and suffering awards. We conclude with a discussion for what this means for attorneys during trial.

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