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The Hidden Victims Of Tort Reform: Women, Children, And The Elderly, Lucinda M. Finley
The Hidden Victims Of Tort Reform: Women, Children, And The Elderly, Lucinda M. Finley
Journal Articles
I have conducted empirical research from several states on how juries in medical malpractice and other tort suits allocate their damage awards between economic loss damages and noneconomic loss damages. I then compared cases in which men are the victims and cases in which women are the victims. This research demonstrates that while overall men tend to recover greater total damages, juries consistently award women more in noneconomic loss damages than men, and that the noneconomic portion of women's total damage awards is significantly greater than the percentage of men's tort recoveries attributable to noneconomic damages. Consequently, any cap on …