The influence of victim characteristics on potential jurors' perceptions of brain damage in mild traumatic brain injury

Primary objective: To determine the influence of victim/plaintiff sex, occupation and intoxication status at the time of injury on potential jurors' judgement about the presence of brain damage in mild traumatic brain injury (MTBI). Research design: Survey. Methods and procedures: One of eight scenarios describing a MTBI from a motor vehicle accident was presented to 460 participants at a Department of Motor Vehicles. Victim sex, occupation ( accountant or cafeteria worker) and alcohol intoxication status at the time of injury ( sober or intoxicated) were manipulated across eight scenarios. Participants rated whether the victim's complaints at 6 months post-injury were the result of brain damage. Main outcomes and results: Ratings were influenced by victim occupation and intoxication status (chi(2) > 5.3, p < 0.03), but not the sex of the victim. Conclusions: The occupational and intoxication status of MTBI victims may influence potential jurors' decision about the presence of brain damage.