Emotional Adaptation and Lawsuit Settlements

In Hedonic Adaptation and the Settlement of Civil Lawsuits, Professors John Bronsteen, Christopher Buccafusco, and Jonathan Masur note an unexplored aspect of protracted lawsuits:  During prolonged litigation tort victims can adapt emotionally to even permanent injuries, and therefore are more likely to settle—and for less—than if their lawsuits proceeded faster.  This Response demonstrates that this is a facile application of hedonic adaptation with the following three points.  First, people care about more than happiness:  Tort victims may sue to seek justice or revenge; emotions in tort litigation can be cultural evaluations; and people are often motivated by identity and meaning.  Also, if plaintiffs fear losing litigation options, they are less likely to settle—and for more—than if their lawsuits proceeded faster.  Second, adaptation can be slow and remain incomplete after many years.  Third, fostering emotional adaptation by lengthy tort litigation raises ethical and normative questions.