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An exploration of psychological and physical injury schemas in civil cases
Author(s) -
Vallano Jonathan P.,
McQuiston Dawn E.
Publication year - 2018
Publication title -
applied cognitive psychology
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.719
H-Index - 100
eISSN - 1099-0720
pISSN - 0888-4080
DOI - 10.1002/acp.3399
Subject(s) - psychology , personal injury , plaintiff , schema (genetic algorithms) , injury prevention , poison control , suicide prevention , human factors and ergonomics , credibility , occupational safety and health , clinical psychology , social psychology , medical emergency , medicine , law , pathology , computer science , machine learning , political science
Summary Civil plaintiffs often seek compensation for their psychological injuries. Yet little is known about jurors' preconceived notions (or schemas) for a prospective plaintiff's pain and suffering. The present studies examined (a) whether jurors have psychological injury schemas (Studies 1 and 2), (b) whether their existence and development vary by the type of civil case (Studies 1 and 2) or its severity (Study 2), and (c) how psychological injury schemas compare with physical injury schemas on a number of theoretically and legally relevant judgments (e.g., injury severity, availability, and plaintiff credibility; Study 2). Study 1 ( N = 233) presented undergraduate mock jurors with 2 negligence incidents (car accident and slip and fall) and 2 intentional tort incidents (sexual assault and kidnapping) and asked them to report the typical incident and injuries that would result from the defendant's conduct. Results supported the sparse existence of psychological injury schemas but found that they were more developed in the kidnapping and sexual assault incidents than in the car accident and slip and fall incidents. Study 2 ( N = 288) additionally manipulated incident schema severity (mild vs. severe) while having participants separately report and rate their psychological and physical injury schemas on judgments of legal and theoretical interest. Results indicated that although mock jurors' psychological injury schemas contained fewer injuries than their physical injury schemas, the reported psychological injuries were rated as more severe than physical injuries. We discuss how schemas may underlie the disparate treatment of psychological and physical injuries by legal decision‐makers.