Jump to ContentJump to Main Navigation
The Psychology of Tort Law$
Users without a subscription are not able to see the full content.

Jennifer K. Robbennolt and Valerie P. Hans

Print publication date: 2016

Print ISBN-13: 9780814724941

Published to NYU Press Scholarship Online: May 2017

DOI: 10.18574/nyu/9780814724941.001.0001

Show Summary Details
Page of

PRINTED FROM NYU Press SCHOLARSHIP ONLINE (www.nyu.universitypressscholarship.com). (c) Copyright University of NYU Press Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NYSO for personal use.date: 12 May 2021

The Real World of Torts

The Real World of Torts

Chapter:
(p.8) 1 The Real World of Torts
Source:
The Psychology of Tort Law
Author(s):

Jennifer K. Robbennolt

Valerie P. Hans

Publisher:
NYU Press
DOI:10.18574/nyu/9780814724941.003.0002

This chapter describes the “real world” of torts by describing patterns in the ways in which tort cases are litigated—or not. Key patterns include the high rates at which injured persons choose to lump it rather than bringing a claim; the ways in which injuries are transformed into tort claims through a process of naming, blaming, and claiming; significant attrition from the formal process (the dispute pyramid); increasingly infrequent trials, a trend known as the vanishing trial. The chapter describes the motives of litigants for bringing and defending tort cases, the ways in which attorneys and litigants make decisions about settlement, and the role of insurance throughout the process.

Keywords:   dispute pyramid, insurance, lump it, motives, naming, blaming, and claiming, settlement, vanishing trial

NYU Press Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.