Publications-Periodical Articles
Article View/Open
Publication Export
-
題名 Pain and suffering damages in wrongful death cases: An empirical study 作者 何漢葳
Chang, Yun-chien
Eisenberg, Theodore
Ho, Han-Wei
Wells, Martin T.貢獻者 統計系 日期 2015-03 上傳時間 9-Aug-2017 17:17:16 (UTC+8) 摘要 Most jurisdictions in the United States award pain and suffering damages to spouses of victims in wrongful death cases. In several East Asian 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 Taiwan, 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. © 2015, Cornell Law School and Wiley Periodicals, Inc. 關聯 Journal of Empirical Legal Studies, 12(1), 128-160 資料類型 article DOI http://dx.doi.org/10.1111/jels.12067 dc.contributor 統計系 zh_Tw dc.creator (作者) 何漢葳 zh_TW dc.creator (作者) Chang, Yun-chien en_US dc.creator (作者) Eisenberg, Theodore en_US dc.creator (作者) Ho, Han-Wei en_US dc.creator (作者) Wells, Martin T. en_US dc.date (日期) 2015-03 en_US dc.date.accessioned 9-Aug-2017 17:17:16 (UTC+8) - dc.date.available 9-Aug-2017 17:17:16 (UTC+8) - dc.date.issued (上傳時間) 9-Aug-2017 17:17:16 (UTC+8) - dc.identifier.uri (URI) https://ah.lib.nccu.edu.tw/item?item_id=128538 - dc.description.abstract (摘要) Most jurisdictions in the United States award pain and suffering damages to spouses of victims in wrongful death cases. In several East Asian 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 Taiwan, 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. © 2015, Cornell Law School and Wiley Periodicals, Inc. en_US dc.format.extent 440857 bytes - dc.format.mimetype application/pdf - dc.relation (關聯) Journal of Empirical Legal Studies, 12(1), 128-160 en_US dc.title (題名) Pain and suffering damages in wrongful death cases: An empirical study en_US dc.type (資料類型) article dc.identifier.doi (DOI) 10.1111/jels.12067 dc.doi.uri (DOI) http://dx.doi.org/10.1111/jels.12067
