Defending Torts: What Should We Know?
-
Herbert M. Kritzer
This paper considers the state of our knowledge about the process of defending tort claims. A variety of specific topics are covered including relationships among the key actors on the defense side (alleged tortfeasor, insurer, and defense lawyer); the incentives faced by these actors; the resolutions of issues of liability, causation, and damages; different types of claimants; variations among tortfeasors and their insurers; conflicts on the defense side; staff lawyers and in-house counsel; the problem of defending sure losers; and the use of experts by the defense. A brief appendix presents some data on the sociology of defense practice (i.e., the characteristics of lawyers who describe themselves as specialists in personal injury defense).
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
Articles in the same Issue
- Article
- Toward A Unified Theory of Torts
- The Tradeoffs between Regulation and Litigation: Evidence from Insurance Class Actions
- Defending Torts: What Should We Know?
- Qualitative and Quantitative Research on Tort Law Topics: A Comment on Helland & Klick and Kritzer
- Comparative Law - A Must in the European Union: Demonstrated by Tort Law as an Example
- Benefits of Comparative Tort Reasoning: Lost in Translation
Articles in the same Issue
- Article
- Toward A Unified Theory of Torts
- The Tradeoffs between Regulation and Litigation: Evidence from Insurance Class Actions
- Defending Torts: What Should We Know?
- Qualitative and Quantitative Research on Tort Law Topics: A Comment on Helland & Klick and Kritzer
- Comparative Law - A Must in the European Union: Demonstrated by Tort Law as an Example
- Benefits of Comparative Tort Reasoning: Lost in Translation
