Racial Bias Devalues Black Victims' Pain, Enabling Injustice and Endangerment
The article discusses how racial bias affects the calculation of damages for pain and suffering in legal cases. Black plaintiffs often receive lower awards compared to White plaintiffs due to biases in how their injuries are perceived. This bias stems from healthcare providers underestimating Black patients' injuries, which then influences jurors' decisions on damages. This leads to a problem of underdeterrence, where tortious conduct towards Black victims is seen as less costly than towards White victims. The article suggests using Equalizing Ratio Tables as a solution to neutralize the impact of racial bias in calculating pain and suffering damages.