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Tort tactics: an empirical study of personal injury litigation strategies

Lewis, Richard Kurt 2017. Tort tactics: an empirical study of personal injury litigation strategies. Legal Studies 37 (1) , pp. 162-185. 10.1111/lest.12138
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Abstract

This article reveals some of the tactics which lawyers may use when conducting personal injury litigation. The research is empirically based by being drawn from structured interviews with a cross section of practitioners. This qualitative evidence helps to place the rules of tort in a wider context and suggests that tactical considerations may affect the outcome of individual cases irrespective of their legal merits. A range of strategies are considered here to illustrate how they may be used at different points during the litigation. In addition, the article updates our understanding of the compensation system by considering the practitioners’ responses in the light of the major changes made to this area of practice in recent years. It reveals how negotiation tactics have developed since research in this area was last carried out. Overall the article adds to a very limited literature dealing with negotiation and settlement of personal injury claims in the U.K.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > KD England and Wales
Uncontrolled Keywords: Tort, Personal Injury, Damages, Litigation Tactics, Civil Claims, Settlement, Negotiation, Bargaining, Legal Profession, Legal Costs, Compensation Culture, Paralegal, Socio-Legal, Empirical
Additional Information: Pdf uploaded in accordance with publisher's policy at http://www.sherpa.ac.uk/romeo/issn/0261-3875/ (accessed 11/05/2016)
Publisher: Wiley-Blackwell
ISSN: 0261-3875
Funders: Institute for European Tort Law
Last Modified: 04 Jun 2017 07:12
URI: http://orca-mwe.cf.ac.uk/id/eprint/90266

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