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Accounting For Awards: An Examination Of Juror Reasoning Behind Pain And Suffering Damage Award Decisions, Krystia Reed, Valerie P. Hans, Valerie F. Reyna
Accounting For Awards: An Examination Of Juror Reasoning Behind Pain And Suffering Damage Award Decisions, Krystia Reed, Valerie P. Hans, Valerie F. Reyna
Cornell Law Faculty Publications
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.