Does Racial Bias Affect Personal Injury Case Outcomes?

Yes. Racial bias, whether explicit or implicit, can influence society’s various aspects, including the legal system. While many only think of racial bias in criminal courts, injury cases are no different.

Personal injury lawsuits involve compensating victims for injuries caused by another person’s negligence. As you can imagine, Black people must overcome significant obstacles to be fairly compensated. This includes everything from overcoming medical bias to courtroom bias. 

During Black History Month, we want to highlight the impact that racial bias has on personal injury cases. The Carlson Law Firm aims to aggressively fight injustice daily and is deeply invested in ensuring our African American clients see the same outcomes as others. 

Understanding Racial Bias in the Legal System

Racial bias refers to the prejudicial treatment of individuals based on their race or ethnicity. In the legal system, this bias can manifest in several ways, from the jury selection process to the attitudes of judges, lawyers, and insurance companies. Implicit bias, which operates on an unconscious level, can be particularly insidious because people may not be aware of its influence on their decisions and behaviors.

Evidence of Racial Bias in Personal Injury Cases

Research indicates that racial bias can affect the outcomes of personal injury cases. Studies have shown disparities in settlement amounts, with plaintiffs of color often receiving lower compensation than their white counterparts for similar injuries. These disparities can be attributed to several factors, including stereotypes about pain tolerance, assumptions about the credibility of plaintiffs, and biases in the evaluation of future earnings loss.

For example, a study published in the “Journal of Empirical Legal Studies” found that African American and Hispanic plaintiffs received significantly lower settlements and awards in personal injury cases compared to white plaintiffs. The study suggested that implicit biases, rather than explicit racism, might contribute to these disparities.

Challenges Faced by Plaintiffs of Color

Plaintiffs of color may face several challenges in personal injury cases, including the following:

• Disparities in Settlement Amounts: Studies show that plaintiffs of color often receive lower settlements than their white counterparts for similar injuries, suggesting that racial biases affect the valuation of claims.
• Bias-Driven Scrutiny: Jurors and insurance adjusters may, even unconsciously, question the credibility of plaintiffs of color more than white plaintiffs. This skepticism can affect judgments about the severity of injuries, the circumstances of the accident, and the need for compensation.
• Economic Valuation: The calculation of damages, especially for future earnings loss, can be influenced by racial biases. There may be assumptions about lower earning potential for plaintiffs of color, resulting in lower compensation offers.
• Jury Composition: The racial makeup of juries can also impact case outcomes. A lack of diversity among jurors can lead to a lack of understanding or empathy for the experiences of plaintiffs of different racial backgrounds.

Other Ways a Person of Color Can Experience Devaluation of a Personal Injury Claim

Racial bias can crop up at any time because there are so many steps and people involved in a personal injury case. Knowing how to spot it can help both you and your attorney fight for the compensation you’re truly entitled to.

• Insurance Company Practices: Implicit biases within insurance companies can affect how claims are evaluated and negotiated, potentially leading to lower offers for plaintiffs of color.
• Bias in Medical Treatment and Documentation: Racial biases in the healthcare system can affect the documentation and treatment of injuries, which in turn can impact the evidence available for personal injury claims.
• Barriers to Accessing Justice: Structural and systemic barriers may prevent plaintiffs of color from accessing the same level of legal resources and support as white plaintiffs, affecting the outcomes of their cases.

These factors combined suggest a complex web of institutional and individual biases that contribute to racial disparities in the outcomes of personal injury cases. Addressing these issues requires systemic changes and increased awareness among all parties involved in the legal process.

Finding a Culturally Competent Lawyer

A lawyer who truly believes in justice will not shy away from having difficult conversations with their clients. African Americans, by and large, have a significant distrust of institutions like the legal and medical systems. For this group, it is incredibly important to have a team of attorneys who are trustworthy, competent and fair. For this reason, Black Americans are already mindful of the lawyer they choose to represent them—as they understand, racial bias can also influence the quality of legal representation available to plaintiffs of color. This includes the level of commitment and aggressiveness of settlement negotiations.

Finding a lawyer who understands and is committed to overcoming racial bias can be crucial for ensuring fair and equitable legal representation. While it’s challenging to assess someone’s implicit biases directly, there are several strategies you can use to find a lawyer who is more likely to provide unbiased legal support:

1. Look for Diversity 

Consider law firms that emphasize diversity within their team. Firms with lawyers, paralegals, legal assistants, marketers, customer service representatives and other positions from various backgrounds are more likely to naturally foster an environment of inclusivity and awareness.

2. Community Recommendations 

Seek recommendations from community groups, civil rights organizations, or legal aid societies that have experience with lawyers who actively fight against racial bias in their practice.

3. Values Alignment 

Assess whether the lawyer’s values align with your own, especially regarding racial equity and justice. A lawyer who openly values diversity, equity, and inclusivity will demonstrate this through their actions and affiliations. Further, the way they conduct their practice is more likely to be sensitive to and proactive about minimizing racial bias. This can include their participation in community events, support for racial justice initiatives, or memberships in organizations focused on social justice. Understanding and aligning with your lawyer’s core values can be key to establishing a trusting and effective legal relationship.

4. Inclusive Marketing and Outreach 

Evaluate the lawyer’s or law firm’s marketing materials and outreach efforts for inclusivity. Firms that showcase diversity in their marketing and actively reach out to diverse communities are more likely to be aware of and sensitive to issues of racial bias. This includes their website, brochures, social media presence, and advertising campaigns. Look for imagery, language, and content that reflect a commitment to serving clients from all backgrounds. Marketing emphasizing cultural competency and dedication to racial justice can strongly indicate a lawyer’s commitment to fighting bias. 

We Care. We Can Help. 

The Carlson Law Firm is a strong choice for anyone looking for fair and just legal help. Our firm has a history of supporting clients from all backgrounds. Our compassionate personal injury attorneys work hard to protect our clients’ rights. Additionally, we are skilled at getting detailed medical records and fighting against unfair medical opinions.  We offer free consultations and are available 24/7.