Scheduled damages and the American tort environment

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.

Citation

Shapiro, S.J. and Rodriguez, A.E. (2009), "Scheduled damages and the American tort environment", Ward, J.O. and Thornton, R.J. (Ed.) Personal Injury and Wrongful Death Damages Calculations: Transatlantic Dialogue (Contemporary Studies in Economic and Financial Analysis, Vol. 91), Emerald Group Publishing Limited, Leeds, pp. 277-289. https://doi.org/10.1108/S1569-3759(2009)0000091014