Estimating the Effect of Non-English Speaking Hispanic on Personal Injury Jury Trial Outcomes

Angel L. Reyes III, University of Michigan Law School

Abstract

This research provides empirical evidence on the effects of being a non-English speaking Hispanic on personal injury jury trial outcomes. The study uses a new and unique data set, and finds that English-speaking Hispanics fare better in the courtroom setting (i.e., at trial) than their non-English-speaking counterparts. In particular, a non-English speaking Hispanic is 15 percent less likely than an English speaker to obtain a better jury trial verdict than the last settlement offer. The finding has important ramifications for the legal strategies of attorneys who may take this information into account before deciding to go to trial. Moreover, the results highlight some of the differences that remain in the US for non-English speaking persons as well as some of the legal difficulties faced by Hispanics. The finding should also be of interest to policymakers, lawmakers, judges and community leaders who deal with Hispanic issues. Our research complements the recent work of Rose et al. (2008) who found that Spanish-speaking Hispanics express less trust in juries than non-Hispanic whites and other English-speaking persons. In fact, our findings may be interpreted as providing an economic rationale for this distrust.