Medicare and some state Medicaid programs have taken steps to mandate reporting of personal injury awards. Analysis of a national dataset of automobile injury claims shows mandated reporting increased settlement time by an average of 36 days. Such delays could generate hundreds of millions of dollars in waiting costs each year.
Institute for Civil Justice Publications
The RAND Institute for Civil Justice uses empirical and objective research methods to search out the root causes of system problems and identify the best fixes. We find common ground among adversaries, and interpret findings for policymakers. Our work aims to make the system more efficient and equitable for all, protecting society from the economic and social costs of a system that could become arbitrary and capricious.
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This article examines this problem empirically, using a rich, national data set of closed automobile bodily injury claims.
This article uses data from the After the J.D. study to compare standard Blinder-Oaxaca measures of earnings discrimination to self-reported measures of client discrimination, other work-related discrimination, and harassment.
This paper concerns single-firm event studies, which are especially important in the context of securities litigation. Event studies can be used to address directly the materiality and loss causation elements.
We estimate the impact of tort liability on a subset of consumers who have significant control over the probability of an accident: consumers of general aviation aircraft.
In many states, auto insurers rather than health insurers pay for a substantial fraction of the medical care following auto crashes.
This article tests the legal realist theory of judicial behavior, which posits that judges' ideology impacts their legal decisions, but that the law constrains the judges' ability to exercise those preferences.
The Medicare Secondary Payer Act of 1980 and its subsequent amendments led to a delay in the resolution of disputes involving auto accidents of about six months.
This article explains a surprising effect of tort liability in the market for prescription drugs: punitive damages shift liability from doctors to drug companies, but not when physician malpractice liability is limited."
We show that data on DNA exonerations can be informative about racial differences in wrongful-conviction rates.
This article proceeds in three parts: discussions of the general goals and role of public health tort litigation, the demonstrated and potential value of opioid litigation to achieve public health goals, and a conclusion.