Choosing to Sue: Who Does so and Why?

Abstract

There are many theories for why Americans sue. This paper reviews the findings of dispute researchers over the past decade. Factors that have been studied include: income, ethnicity, class, education, and geographic region. Other researchers have looked at social and behavioral variables in determining whether to file a grievance. Results from experiments and surveys have been as varied as the studies themselves. A consistent note in the literature, however, is recommendation for further research and new methodologies. Previous studies have often provided interesting statistical data, but provide little information on “real life” litigants. To that end, two case study reviews were made and the results were examined and compared with 1990 U.S. Census data. The first review was of ninety-three general accident cases. The second was of two hundred slip/trip/misstep and fall accidents. Overall, our findings concurred with dispute researchers who believe demographic variables have little or no influence on claims. The most interesting findings were in the areas of age and gender: especially, in slip/trip/misstep and fall accidents. Focusing entirely on demographic variables in dispute research may not be the key to determining who does or does not sue. Ideas for future research should include examining the behavioral factors that influence an individual's decision to sue and the cultural, educational, social and gender influences that may affect that decision. Further research by our firm will examine the influence of lawyers' television commercials and courtroom programs on individuals' decisions to sue.