An Empirical Study of Pain and Suffering Awards in Chinese Personal Injury Cases

Drawing on 1,882 personal injury lawsuits involving medical negligence, this study presents the first empirical analysis of pain and suffering awards given by Chinese judges in the real-world setting of personal injury litigation. It investigates when judges refuse to award pain and suffering damages in personal injury cases, and whether the relevant guiding factors suggested by the Supreme People’s Court have a significant influence on award amounts of pain and suffering damages, as well as whether the deep pockets effect and the anchoring effect exist in Chinese personal injury litigation. We find that Chinese judges are more likely to refuse to award pain and suffering damages in cases where the plaintiff suffers minor injuries and a lesser amount of economic damages and where the plaintiff has not claimed pain and suffering damages. We further uncover that the injury severity, the economic damages and the causal contribution of the defendant’s negligence have a significant and positive influence on award amounts of pain and suffering damages in personal injury litigation. However, this study does not find any evidence supporting the deep pockets effect and the anchoring effect in Chinese personal injury lawsuits.