Studdert, Kachalia, Salomon and Mello, ‘Rationalizing Noneconomic Damages: A Health-Utilities Approach’

Studdert et al examine why making compensation of noneconomic damages in personal-injury litigation more rational and predictable is socially valuable. Noneconomic-damages schedules as an alternative to caps are discussed, several potential approaches to construction of schedules are reviewed, and the use of a health-utilities approach as the most promising model is argued. An empirical analysis that combines health-utilities data created in a previous study with original empirical work is used to demonstrate how key steps in construction of a health-utilities-based schedule for noneconomic damages might proceed.

David M Studdert, Allen Kachalia, Joshua A Salomon, and Michelle M Mello, Rationalizing Noneconomic Damages: A Health-Utilities Approach, 74 Law and Contemporary Problems 57-101 (Summer 2011).

First posted 2012-07-11 19:29:50

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