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The Aftermath of Injury: Cultural Factors in Compensation Seeking in Canada and the United States

Published online by Cambridge University Press:  01 July 2024

Herbert M. Kritzer ,
W. A. Bogart  and
Neil Vidmar
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Injury is common in all societies. Americans are perceived as quick to respond to injury by turning to the legal system. This article compares compensation seeking by Americans and Canadians, examining the degree to which cultural factors shape the response of injured parties in the two countries and the extent to which resources and experience influence individual action. Drawing on two large-scale telephone surveys, one conducted in five federal judicial districts around the United States and one conducted in the Canadian province of Ontario, the article looks at the factors that influence claiming and seeking legal assistance. The overall patterns indicate that residents of Ontario are somewhat less likely to claim but more likely to seek legal assistance than are residents of the United States. Moreover, while cultural variations (e.g., religion, type of residence) are good predictors of claiming in Ontario, these factors have little influence on claiming in the United States. As for seeking legal assistance, few predictors are found to influence behavior in the United States while a variety of factors (community size, type of problem, stakes, gender, and education) influence behavior in Ontario.

Type
Research Article
Information
Law & Society Review , Volume 25 , Issue 3 , 1991 , pp. 499 - 543
Copyright
Copyright © 1991 by The Law and Society Association

Footnotes

The preparation of this article was supported by grants from the Canadian Studies Grant Program and from the National Science Foundation (grant No. SES-8722540). The U.S. data were collected with support from the U.S. Department of Justice (contract No. JAOIA-79-C-0040). The Ontario data were collected with support from the Ontario Ministry of the Attorney General. Neither the suppliers nor the original collectors of the data bear any responsibility for the analyses and interpretations reported herein. A version of the article was presented at the 1990 Law and Society Association Meeting, Berkeley, CA.

References

ABEL, Richard L. (1982) “The Contradictions of Informal Justice,” in R. L. Abel, 1 The Politics of Informal Justice. New York: Academic Press.Google Scholar
ABEL-SMITH, Brian, Michael, ZANDER, and Rosalind, BROOKE (1973) Legal Problems and the Citizen: A Study in Three London Boroughs. London: Heineman.Google Scholar
ALL-INDUSTRY RESEARCH ADVISORY COUNCIL (AIRAC) (1988) Attorney Involvement in Auto Injury Claims. Oak Brook, IL: All-Industry Research Advisory Council.Google Scholar
ASH, S. (1980) “Consumer Satisfaction, Dissatisfaction and Complaining Behaviour: Major Findings and Directions for Action.” Ottawa: Consumer Research and Evaluation Branch, Consumer and Corporate Affairs Canada.Google Scholar
BAUMGARTNER, Mary Patricia (1985) “Law and the Middle Class: Evidence from a Suburban Town,” 9 Law and Human Behavior 3.Google Scholar
BAUMGARTNER, Mary Patricia (1988) The Moral Order of a Suburb. New York: Oxford University Press.Google Scholar
BEST, Arthur, and Alan, ANDREASEN (1977) “Consumer Response to Unsatisfactory Purchases: A Survey of Perceiving Defects, Voicing Complaints, and Obtaining Redress,” 11 Law & Society Review 701.Google Scholar
BLACK, Donald J. 1976. The Behavior of Law. New York: Academic Press.Google Scholar
BOGART, W. A. (forthcoming) “‘And the Courts Which Govern Their Lives’: The Judges and Legitimacy,” in Berryman, J. (ed.), Studies on Remedies. Toronto: Carswell.Google Scholar
BOGART, W. A., and Neil, VIDMAR (1990) “Problems and Experience with the Ontario Civil Justice System: An Empirical Assessment,” in Hutchinson, A. (ed.), Access to Justice. Toronto: Carswell.Google Scholar
BOYUM, Keith O. (1979) “A Perspective on Civil Delay in Trial Courts,” 5 Justice System Journal 170.Google Scholar
BUCKLE, Leonard G., and Suzanne R., THOMAS-BUCKLE (1982) “Doing unto Others: Dispute Processing in an Urban American Neighborhood,” in Tomasic, R. and Feeley, M. (eds.). Neighborhood Justice: Assessment of an Emerging Idea. New York: Longman.Google Scholar
BUMILLER, Kristin (1987) “Victims in the Shadow of the Law: A Critique of the Model of Legal Protection,” 12 Signs 421.Google Scholar
CAPLOVITZ, David (1963) The Poor Pay More: Consumer Practices of Low-Income Families. New York: Free Press of Glencoe.Google Scholar
CHURCH, Thomas W. (1982) Examining Local Legal Culture: Practitioner Attitudes in Four Criminal Courts. Washington, DC: National Institute of Justice.Google Scholar
CHURCH, Thomas W., CARLSON, Alan, LEE, Jo-Lynne, and Teresa, TAN (1978) Justice Delayed: The Pace of Litigation in Urban Trial Courts. Williamsburg, VA: National Center for State Courts.Google Scholar
COATES, Dan, and Steven, PENROD (1980-81) “Social Psychology and the Emergence of Disputes,” 15 Law & Society Review 655.Google Scholar
CONARD, Alfred F., et al. (1964) Automobile Accident Costs and Payments: Studies in the Economics of Injury Reparation. Ann Arbor: University of Michigan Press.Google Scholar
CURRAN, Barbara A. (1977) The Legal Needs of the Public: The Final Report of a National Survey. Chicago: American Bar Foundation.Google Scholar
DANZON, Patricia M. (1985) Medical Malpractice: Theory, Evidence, and Public Policy. Cambridge, MA: Harvard University Press.CrossRefGoogle Scholar
DORAN, Charles F. (1984) Forgotten Partnership: U.S.-Canada Relations Today. Baltimore: Johns Hopkins University Press.Google Scholar
DORAN, Charles F., and John H., SIGLER (eds.) (1985) Canada and the United States: Enduring Friendship, Persistent Stress. Englewood Cliffs, NJ: Prentice-Hall.Google Scholar
ENGEL, David M. (1980) “Legal Pluralism in an American Community: Perspectives on a Civil Trial Court,” 1980 American Bar Foundation Research Journal 425.Google Scholar
ENGEL, David M. (1984) “The Oven Bird's Song: Insiders, Outsiders, and Personal Injuries in an American Community,” 18 Law & Society Review 551.Google Scholar
FELSTINER, William L. F. (1975) “Avoidance as Dispute Processing: An Elaboration,” 9 Law & Society Review 695.Google Scholar
FELSTINER, William L. F. (1974) “Influences of Social Organization on Dispute Processing,” 9 Law & Society Review 63.Google Scholar
FELSTINER, William L. F., ABEL, Richard L., and Austin, SARAT (1980-81) “The Emergence and Transformation of Disputes: Naming, Blaming, Claiming …,” 15 Law & Society Review 631.Google Scholar
FITZGERALD, Jeffrey (1983) “Grievances, Disputes and Outcomes: A Comparison of Australia and the United States,” 1 Law in Context 15.Google Scholar
FITZGERALD, Jeffrey and Richard E., MILLER (undated) “The Use of Lawyers and Their Effectiveness in Civil Legal Disputes: A Cross-National Study” (University of Wisconsin Law School; on file with senior author).Google Scholar
FRIEDMAN, Lawrence M. (1987) “Civil Wrongs: Personal Injury Law in the Late 19th Century,” 1987 American Bar Foundation Research Journal 351.Google Scholar
GALANTER, Marc (1983) “Reading the Landscape of Disputes: What We Know and Don't Know (And Think We Know) About Our Allegedly Contentious and Litigious Society,” 31 UCLA Law Review 4.Google Scholar
GENN, Hazel (1988) Hard Bargaining: Out of Court Settlement in Personal Injury Actions. Oxford: Clarendon Press.Google Scholar
GREENHOUSE, Carol (1986) Praying for Justice. Ithaca, NY: Cornell University Press.Google Scholar
HARRIS, Donald, McLEAN, Mavis, GENN, Hazel, LLOYD-BOSTOCK, Sally, GENN, Paul, CORFIELD, Peter, and Yvonne, BRITTAN (1984) Compensation and Support of Illness and Injury. Oxford: Clarendon Press.Google Scholar
HENSLER, Deborah R., MARQUIS, M. Susan, ABRAHAMSE, Allan F., BERRY, Sandra H., EBENER, Patricia A., LEWIS, Elizabeth G., LIND, E. Allan, MacCOUN, Robert J., MANNING, Willard G., ROGOWSKI, Jeannette A., and Mary E., VAIANA (1991) Compensation for Accidental Injuries in the United States. Santa Monica, CA: RAND Corporation.Google Scholar
HOROWITZ, Gad (1968) Canadian Labour in Politics. Toronto: University of Toronto Press.CrossRefGoogle Scholar
HUNTING, Robert B., and Gloria S., NEUWIRTH (1962) Who Sues in New York City? A Study of Automobile Accident Claims. New York: Columbia University Press.Google Scholar
HUTCHINSON, Allan (ed.) (1990) Access to Justice. Toronto: Carswell.Google Scholar
ISON, Terence G. (1989) Workers' Compensation in Canada. 2d ed. Toronto: Butterworths.Google Scholar
KING, Donald W., and McEVOY, Kathleen A. (1976) A National Survey of the Complaint Handling Procedures Used by Consumers. Rockville, MD: King Research.Google Scholar
KING, Gary (1989) Unifying Political Methodology: The Likelihood Theory of Statistical Inference. New York: Cambridge University Press.Google Scholar
KRITZER, Herbert M. (1984) “Fee Arrangements and Fee Shifting: Lessons from the Experience in Ontario,” 47 Law and Contemporary Problems 125.Google Scholar
KRITZER, Herbert M. (1989) “Review Essay: A Comparative Perspective on Settlement and Bargaining in Personal Injury Cases,” 14 Law and Social Inquiry 167.Google Scholar
KRITZER, Herbert M. (1991a) “The Propensity to Sue in England and the United States: Blaming and Claiming in Tort Cases,” 18 Journal of Law and Society 452.Google Scholar
KRITZER, Herbert M. (1991b) “Abel and the Professional Project: The Institutional Analysis of the Legal Profession,” 16 Law & Social Inquiry 529.Google Scholar
KRITZER, Herbert M., W. A., BOGART, and Neil, VIDMAR (1991) “Context, Context, Context: A Cross-Problem, Cross-cultural Comparison of Compensation Seeking.” Presented at Law and Society Association Annual Meeting, Amsterdam.Google Scholar
KRITZER, Herbert M., Neil, VIDMAR, and W. A., BOGART (1990) “The Genesis of Discrimination Litigation: Comparing Canada and the United States.” Presented at Southern Political Science Association Annual Meeting, Atlanta.Google Scholar
KRITZER, Herbert M., VIDMAR, Neil, BOGART, W. A., and Kathleen, ZAHORIK (1991) “Legal Mobilization in Canada and the United States: Consumer Problems in North America.” Presented at Midwest Political Science Association Annual Meeting, Chicago.Google Scholar
KRITZER, Herbert M., VIDMAR, Neil, BOGART, W. A., and Kathleen, ZAHORIK (1991) “To Confront or Not to Confront: Measuring Claiming Rates in Discrimination Grievances,” 25 Law & Society Review (in press).CrossRefGoogle Scholar
LADINSKY, Jack, and Charles, SUSMILCH (1985) “Community Factors in the Brokerage of Consumer Product and Service Problems,” in Suttles, G. D. and Zald, Mayer N. (eds.), The Challenge of Social Control: Citizenship and Institution Building in Modern Society. Essays in Honor of Morris Janowitz. Norwood, NJ: Ablex Publishing Corporation.Google Scholar
LIPSET, Seymour Martin (1950) Agrarian Socialism: The Cooperative Commonwealth Federation in Saskatchewan. Berkeley: University of California Press.CrossRefGoogle Scholar
LIPSET, Seymour Martin (1963) Political Man: The Social Bases of Politics. Garden City, NY: Doubleday.Google Scholar
LIPSET, Seymour Martin (1963) The First New Nation: The United States in Historical and Comparative Perspective. New York: Basic Books.Google Scholar
LIPSET, Seymour Martin (1989) Continental Divide: The Values and Institutions of the United States and Canada. New York: Routledge.Google Scholar
MANFREDI, Christopher P. (1990) “The Use of United States Decisions by the Supreme Court of Canada under the Charter of Rights and Freedoms,” 23 Canadian Journal of Political Science 499.Google Scholar
MAYHEW, Leon, and A. J., REISS Jr. (1976) Detroit Area Study, 1967: Citizens in Search of Justice [Machine-readable data file and documentation]. Ann Arbor, MI: Inter-University Consortium for Political and Social Research.Google Scholar
McNEIL, Kenneth, NEVIN, John R., TRUBEK, David M., and Richard E., MILLER (1979) “Market Discrimination Against the Poor and the Impact of Consumer Disclosure Laws: The Used Car Industry,” 13 Law & Society Review 695.Google Scholar
MERELMAN, Richard (1991) Partial Visions: Culture and Politics in Britain, Canada, and the United States. Madison: University of Wisconsin Press.Google Scholar
MERRY, Sally Engle (1985) “Concepts of Law and Justice Among Working-Class Americans: Ideology as Culture,” 9 Legal Studies Forum 59.Google Scholar
MERRY, Sally Engle (1979) “Going to Court: Strategies of Dispute Management in an American Urban Neighborhood,” 13 Law & Society Review 891.Google Scholar
MERRY, Sally Engle, and Susan S., SILBEY (1984) “What Do Plaintiffs Want? Reexamining the Concept of Dispute,” 9 Justice System Journal 151.Google Scholar
MILLER, Richard E., and Austin, SARAT (1980-81) “Grievances, Claims, and Disputes: Assessing the Adversary Culture,” 15 Law & Society Review 525.Google Scholar
NADER, Laura L., and Harry F., TODD Jr. (eds.) (1978) The Disputing Process: Law in Ten Societies. New York: Columbia University Press.CrossRefGoogle Scholar
NETTLE, J. P. (1968) “The State as a Conceptual Variable,” 20 World Politics 585.Google Scholar
OFFICE OF FAIR TRADING (1986) Consumer Dissatisfaction: A Report on Surveys Undertaken for the Office of Fair Trading. London: Office of Fair Trading.Google Scholar
PEARSON REPORT (1978) 1 Royal Commission on Civil Liability and Compensation for Personal Injury: Report. London: HMSO.Google Scholar
PORTER, John (1965) The Vertical Mosaic: An Analysis of Social Class and Power in Canada. Toronto: University of Toronto Press.CrossRefGoogle Scholar
ROSS, H. Laurence (1980) Settled Out of Court: The Social Process of Insurance Claims Adjustment. Rev. 2d ed. New York: Aldine.Google Scholar
ROSS, H. Laurence, and Neil O., LITTLEFIELD (1978) “Complaint as a Problem-Solving Mechanism,” 12 Law & Society Review 199.Google Scholar
SILBERMAN, Matthew (1985) The Civil Justice Process: A Sequential Model of the Mobilization of Law. Orlando, FL: Academic Press.Google Scholar
SNIDERMAN, Paul, FLETCHER, Joseph F., RUSSELL, Peter H., and Philip E., TETLOCK (1989) “Political Culture and the Problem of Double Standards: Mass and Elite Attitudes Toward Language Rights in the Canadian Charter of Rights and Freedoms,” 22 Canadian Journal of Political Science 259.Google Scholar
SPSS, INC. 1989. SPSS/PC+ Update for V3.0 and V3.1. Chicago: SPSS Inc.Google Scholar
TATE, C. Neal, and Panu, SITTIWONG (1989) “Decision Making in the Canadian Supreme Court: Extending the Personal Attributes Model Across Nations,” 51 Journal of Politics 900.Google Scholar
U.S. DEPARTMENT OF TRANSPORTATION (DOT) (1970) Economic Consequences of Automobile Accident Injuries. Washington, DC: Government Printing Office.Google Scholar
USLANER, Eric M. (1989) “Looking Forward and Looking Backward: Prospective and Retrospective Voting in the 1980 Federal Elections in Canada,” 19 British Journal of Political Science 495.Google Scholar
VIDMAR, Neil (1988) “Seeking Justice: An Empirical Map of Consumer Problems and Consumer Responses in Canada,” 26 Osgoode Hall Law Journal 757.Google Scholar
VIDMAR, Neil (1981) “Justice Motives and Other Psychological Factors in the Development and Resolution of Disputes,” in Lerner, M. J. and Lerner, S. C. (eds.), The Justice Motive in Social Behavior: Adapting to Times of Scarcity and Change. New York: Plenum Press.Google Scholar
VIDMAR, Neil, and Regina, SCHULLER (1987) “Individual Differences and the Pursuit of Legal Rights: A Preliminary Inquiry,” 11 Law and Human Behavior 299.Google Scholar
WARLAND, Rex H., et al. (1975) “Dissatisfied Consumers: Who Gets Upset and Who Takes Action,” 9 Journal of Consumer Affairs 148.Google Scholar
ZAHORIK, Kathleen (1990) “Consumer Problems in Three Countries.” Presented at Law and Society Association Annual Meeting, Berkeley, CA.Google Scholar
ZANDER, Michael (1978) Legal Services for the Community. London: Temple Smith.Google Scholar