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Institutional Causes of Delay in the Settlement of Legal Disputes

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Author Info
Kessler, Daniel
Abstract

Social costs created by delay in the resolution of legal disputes have motivated an extensive theoretical literature studying the causes of delay. However, much less work has investigated a related, more policy-relevant question: how do legal institutions empirically affect delay in settlement? Based on analysis of the timing of settlement of automobile bodily injury insurance claims, I present two major findings on this topic. First, delay in trial courts increases delay in settlement. Second, state tort laws designed to reduce delay in settlement do not work as intended. Reforms imposing prejudgment interest, which were designed to reduce delay, actually increase delay in settlement, controlling for other state-level institutional factors and the characteristics of claims. Copyright 1996 by Oxford University Press.

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Publisher Info
Article provided by Oxford University Press in its journal Journal of Law, Economics and Organization.

Volume (Year): 12 (1996)
Issue (Month): 2 (October)
Pages: 432-60
Download reference. The following formats are available: HTML (with abstract), plain text (with abstract), BibTeX, RIS (EndNote, RefMan, ProCite), ReDIF
Handle: RePEc:oup:jleorg:v:12:y:1996:i:2:p:432-60

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  1. Daniel P. Kessler & Mark B. McClellan, 2000. "How Liability Law Affects Medical Productivity," NBER Working Papers 7533, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  2. Thomas J. Miceli, 2008. "An Equilibrium Model of Lawmaking," Working papers 2008-16, University of Connecticut, Department of Economics. [Downloadable!]
  3. Howard F. Chang & Hilary Sigman, 1999. "Incentives to Settle Under Joint and Several Liability," NBER Working Papers 7096, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  4. Álvaro Bustos & Ronen Avraham., 2008. "The Unexpected Effects of Caps on Non-Economic Damages," Documentos de Trabajo 353, Instituto de Economía. Pontificia Universidad Católica de Chile.. [Downloadable!]
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