The influence of victim characteristics on potential jurors’ perceptions of brain damage in mild traumatic brain injury

Abstract

Primary objective: To determine the influence of victim/plaintiff sex, occupation and intoxication status at the time of injury on potential jurors’ judgement about the presence of brain damage in mild traumatic brain injury (MTBI). Research design: Survey. Methods and procedures: One of eight scenarios describing a MTBI from a motor vehicle accident was presented to 460 participants at a Department of Motor Vehicles. Victim sex, occupation (accountant or cafeteria worker) and alcohol intoxication status at the time of injury (sober or intoxicated) were manipulated across eight scenarios. Participants rated whether the victim's complaints at 6 months post-injury were the result of brain damage. Main outcomes and results: Ratings were influenced by victim occupation and intoxication status (χ2 > 5.3, p < 0.03), but not the sex of the victim. Conclusions: The occupational and intoxication status of MTBI victims may influence potential jurors’ decision about the presence of brain damage.