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Case Strategy for the Civil Defendant: The Effects of Injury Severity and Rebuttals on Liability and Damages

Groebe, Matthew E.
http://rave.ohiolink.edu/etdc/view?acc_num=miami1288025171

Abstract Details

2010, Master of Arts, Miami University, Psychology.
The concurrent presentation of liability and damages evidence poses a challenge for the defense attorney: how much attention should be paid to each component? The defense attorney can counter the plaintiff’s damages recommendation with one of her own, or she can refuse to offer a rebuttal by claiming her client is not liable. The severity of the plaintiff’s injury complicates the issue, as more severe injuries generally lead to more liability verdicts. The present study examined the best strategies for a defense attorney when the plaintiff was both mildly and severely injured. There were no effects on liability verdicts, but more severely injured plaintiffs and higher rebuttals led to higher damages. With a mild injury the best strategy was to avoid a high rebuttal whereas with a severe injury the best strategy was to offer a low or moderate rebuttal. Providing a rebuttal did not hurt the defendant on liability.
Garold Stasser (Committee Chair)
Susanne Abele (Committee Member)
Kurt Hugenberg (Committee Member)
Law; Psychology; Social Psychology
Legal; liability; damages; civil trial; anchoring and adjustment; rebuttal; injury severity

Recommended Citations

Citations

  • Groebe, M. E. (2010). Case Strategy for the Civil Defendant: The Effects of Injury Severity and Rebuttals on Liability and Damages [Master's thesis, Miami University]. OhioLINK Electronic Theses and Dissertations Center. http://rave.ohiolink.edu/etdc/view?acc_num=miami1288025171

    APA Style (7th edition)

  • Groebe, Matthew. Case Strategy for the Civil Defendant: The Effects of Injury Severity and Rebuttals on Liability and Damages. 2010. Miami University, Master's thesis. OhioLINK Electronic Theses and Dissertations Center, http://rave.ohiolink.edu/etdc/view?acc_num=miami1288025171.

    MLA Style (8th edition)

  • Groebe, Matthew. "Case Strategy for the Civil Defendant: The Effects of Injury Severity and Rebuttals on Liability and Damages." Master's thesis, Miami University, 2010. http://rave.ohiolink.edu/etdc/view?acc_num=miami1288025171

    Chicago Manual of Style (17th edition)

miami1288025171
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© 2010, all rights reserved.
This open access ETD is published by Miami University and OhioLINK.