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Pain and Suffering Damages in Wrongful Death Cases: An Empirical Study
Author(s) -
Chang Yunchien,
Eisenberg Theodore,
Ho HanWei,
Wells Martin T.
Publication year - 2015
Publication title -
journal of empirical legal studies
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.529
H-Index - 24
eISSN - 1740-1461
pISSN - 1740-1453
DOI - 10.1111/jels.12067
Subject(s) - damages , pain and suffering , plaintiff , payment , wrongful death , psychology , next of kin , compensation (psychology) , actuarial science , law , medicine , business , social psychology , political science , finance
Most jurisdictions in the U nited S tates award pain and suffering damages to spouses of victims in wrongful death cases. In several E ast A sian countries, spouses, parents, and children of the victim can all demand pain and suffering damages. Despite the prevalence of this type of damages, and the oft‐enormous amount of compensation, there has been no large‐scale empirical study on how judges achieve the difficult task of assessing pain and suffering damages. Using a unique data set containing hundreds of car accident cases rendered by the court of first instance in T aiwan, with single‐equation and structural‐equation models, we find the plaintiffs' ad damnum has a statistically significant influence on the court‐adjudicated pain and suffering damages. That could be evidence for the anchoring effect. Nevertheless, courts are very sensitive to the possibility of pushing defendants into financial hardship. When defendants' out‐of‐pocket payments of pecuniary damages, divided by defendants' income, are positive, this amount has a negative effect on the amount of pain and suffering damages, whereas when they are negative (this could happen because the amount of compulsory insurance payment had to be deducted), the amount in absolute value has a positive effect. Not all next‐of‐kin received the same amount. Spouses of the victim received more than other next‐of‐kin, and adult children received the least among eligible relatives. Parents, however, tended to be awarded a high amount of pain and suffering damages when they were the only familial group suing the defendant.