Scheduled damages and the American tort environment

Steven J. Shapiro and A. Rodriguez ()

A chapter in Personal Injury and Wrongful Death Damages Calculations: Transatlantic Dialogue, 2009, pp 277-289 from Emerald Group Publishing Limited

Abstract: In Chapter 10 in this volume,Comandé (2009)has proposed that American courts adapt “scheduling” for use by juries in awarding nonpecuniary damages in personal injury and wrongful death cases. Comandé suggests that American courts can develop schedules for awarding damages for nonpecuniary losses on the basis of the severity of the injury and the age of the injured party, based on data on prior awards by particular courts in specific jurisdictions. Comandé's proposal is shaped by the experiences of European jurisdictions that have developed scheduling for awarding nonpecuniary damages.

Date: 2009
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Persistent link: https://EconPapers.repec.org/RePEc:eme:csefzz:s1569-3759(2009)0000091014

DOI: 10.1108/S1569-3759(2009)0000091014

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