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Are Pain and Suffering Awards (Un-)Predictable? Evidence from Germany

Author

Listed:
  • Magdalena Flatscher-Th√∂ni

    (UMIT)

  • Andra M. Leiter

    (University of Innsbruck)

  • Hannes Winner

    (University of Salzburg)

Abstract

This paper assesses the widely held belief that damages for pain and suffering are random or arbitrary. We empirically analyze the differential impact of a plaintiff's personal characteristics, pain-specific circumstances and a lawsuit's procedural features on such payments. Relying on a dataset of about 2,200 pain and suffering verdicts from Germany between 1980 and 2006, we observe that final awards are systematically in uenced by the injury's conditions (most importantly the intensity and severity of damage), while individual characteristics such as gender and age turn out insignificant. Regarding the lawsuit, it appears to be relevant at which court level the case is brought in and whether the plaintiff hires a lawyer or not. On balance, our findings suggest that compensations are consistent with the legal framework of the German tort law, letting us conclude that damages for pain and suffering are widely predictable rather than random.

Suggested Citation

  • Magdalena Flatscher-Th√∂ni & Andra M. Leiter & Hannes Winner, 2015. "Are Pain and Suffering Awards (Un-)Predictable? Evidence from Germany," Working Papers in Economics 2015-2, University of Salzburg.
    • Handle: RePEc:ris:sbgwpe:2015_002
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    References listed on IDEAS

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    5. Viscusi, W. Kip, 1988. "Pain and suffering in product liability cases: Systematic compensation or capricious awards?," International Review of Law and Economics, Elsevier, vol. 8(2), pages 203-220, December.
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    Cited by:

    1. Sofia Amaral-Garcia, 2019. "Medical Malpractice Appeals in a Civil Law System: Do Administrative and Civil Courts Award Non-Economic Damages Differently?," ULB Institutional Repository 2013/301273, ULB -- Universite Libre de Bruxelles.
    2. Cass R. Sunstein, 2025. "Noisy law: Scaling without a modulus," Journal of Risk and Uncertainty, Springer, vol. 70(1), pages 17-27, February.

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    More about this item

    Keywords

    Tort law; damages for pain and suffering; civil procedure;
    All these keywords.

    JEL classification:

    • K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability; Forensic Economics
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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