ABSTRACT
In tort cases, once a liability determination is made, jurors face the difficult task o f determining appropriate damages to award the plaintiff. Few instructions or guidelines are provided on how to award damages, and jurors must rely on their common sense and experience to translate the plain tiff’s loss and harm into financial compensation. Often, complex economic issues are involved, such as estimating the future stream o f income o f a young plaintiff. This study examines mock ju ro r s ’ common sense considerations in awarding damages in a wrongful death case. Jurors from King County, Washington read brief case summaries o f a product liability, automobile negligence, or medical malpractice suit, in which the defendant ’s liability was established. The gender and age o f the decedent were systematically varied. Jurors awarded damages and responded to questions about the strategies used and factors considered. Case type had little impact on the magnitude or the process o f awarding damages. Male decedents were awarded
*This research was supported in part by Grant #SES-8600638 from the National Science Foundation, Law and Social Sciences Division, to Elizabeth F. Loftus. Opinions, findings, conclu sions, or recommendations stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Science Foundation. Special thanks are extended to Robert Cannon, Gary Tomlinson, Judy Rutledge, and Nicola Hommel, Administra tors of the King County Superior Court in Seattle, Washington, for their cooperation and assistance in facilitating data collection.
