Be careful what you ask for: The effect of anchors on personal-injury damages awards.

Mollie Weighner Marti · Roselle L. Wissler

67 citations0/0 files storedJournal of Experimental Psychology Applied

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Jury Decision Making Processes Decision-Making and Behavioral Economics Law, Economics, and Judicial Systems

Abstract

These studies examined the effects of anchors in the context of personal injury damages awards. In 2 experiments, mock jurors read a case in which the presence and size of the plaintiff's damages request and the defense rebuttal were varied across conditions and then awarded damages. Award size and variability increased as the plaintiff's request increased but decreased with the most extreme request. Conversely, award size and variability decreased as the defense rebuttal decreased but increased with the most extreme rebuttal. In both studies, the award recommendations altered the upper and lower boundaries of awards mock jurors found acceptable but did not affect mock jurors' perception of injury severity. The findings suggest that award recommendations can produce biased and unpredictable awards.

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References

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2006Blind or Biased? Justitia's Susceptibility to Anchoring Effects in the Courtroom Based on Given Numerical Representations 2006O papel das heurísticas no julgamento e na tomada de decisão sob incerteza 2018Those prices are HOT! How temperature-related visual cues anchor expectations of price and value 2000Instructing jurors on general damages in personal injury cases: Problems and possibilities.2011Initiating Salary Discussions With an Extreme Request: Anchoring Effects on Initial Salary Offers1

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