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Record W4412882037 · doi:10.1177/2755323x251362525

Biased Evaluation of Pain and Suffering Damages

2025· article· en· W4412882037 on OpenAlexaff
Maytal Gilboa, Tamar Kricheli‐Katz

Bibliographic record

VenueJournal of law & empirical analysis. · 2025
Typearticle
Languageen
FieldSocial Sciences
TopicJury Decision Making Processes
Canadian institutionsWestern University
Fundersnot available
KeywordsDamagesPain and sufferingMedicinePsychologyPolitical scienceLaw

Abstract

fetched live from OpenAlex

Studies have documented racial and gender-based disparities in civil jury awards. Legal scholars have raised concerns that biases might be especially prevalent in awarding pain and suffering damages, which are particularly open-ended and difficult to estimate. We contribute to this body of literature by providing experimental evidence of a causal relationship between the perceived race and gender of victims, the perception of their pain and suffering, and the damages awarded to them. We focus on two types of injuries: head and knee injuries, on the intersection of gender and race and on related evaluations of victims’ behavior. We find that people perceive the pain and suffering of White victims to be greater than that of Black victims afflicted by the same head injury. The most alarming finding of our experiment is that Black male victims receive significantly lower amounts of damages for pain and suffering associated with both head and knee injuries compared to all other victims. By contrast, Black female victims are not penalized compared to White women and men, and receive significantly higher amounts of damages for their pain and suffering associated with both head and knee injuries compared to Black men.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.018
metaresearch head score (Gemma)0.103
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Observational · Consensus signal: Observational
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.018
Threshold uncertainty score0.096

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0180.103
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0020.001
Science and technology studies0.0010.002
Scholarly communication0.0030.001
Open science0.0010.002
Research integrity0.0010.001
Insufficient payload (model declined to judge)0.0070.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.127
GPT teacher head0.481
Teacher spread0.354 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designObservational
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2025
Admission routes1
Has abstractyes

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