Pain and Suffering Damages in Personal Injury Cases

Pain and Suffering Damages in Personal Injury Cases
Author: Yongjian Zhang
Publisher:
Total Pages: 49
Release: 2016
Genre: Damages
ISBN:

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Many jurisdictions award pain and suffering damages, yet it is difficult for judges or juries to quantify pain. Several jurisdictions, such as California, cap pain and suffering damages or other noneconomic damages, and legal scholars have proposed ways to control such damages. Reforms and proposals, however, have been based on limited empirical evidence. It remains an open question whether components of economic damages explain pain and suffering damages. This study employs a unique data set of Taiwan district court cases and uses detailed information on the components of pecuniary damages. Pain and suffering damages highly correlate with the plaintiff's medical expenses, level of injury, and the amount requested by the plaintiff. The association with the amount requested by the plaintiff persists when one accounts for the likely quantifiable influences on pain and suffering damages, evidence of a possible anchoring effect. The strong correlation between economic damages and noneconomic damages persists in a large U.S. dataset of judge and jury trials, in which the noneconomic fraction of total damages is no greater than the pain and suffering fraction of total damages in Taiwan. Judges and juries consistently produce coherent patterns of noneconomic damages.

Checklist

Checklist
Author: Jon R. Abele
Publisher: Lawyers and Judges Publishing
Total Pages: 76
Release: 1998
Genre: Law
ISBN:

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The damage portion of a personal injury claim is the heart of the tort case and determines whether or not the claim is worth pursuing. The attorney must be able to determine accurately the level of damages the injured plaintiff can expect to recover for his or her injuries. The checklist format of this book provides a quick and thorough reference for an attorney to use when evaluating a client's personal injury case. The attorney can ensure that he or she has met the obligation owed to the client to identify and calculate properly those damages recoverable and make sure that the damages are pleaded properly and that the evidence necessary to prove the claim is gathered. This checklist allows the attorney to determine the appropriate basis for the damage claim and what evidence and testimony will be needed.

Compensation for Personal Injury in English, German and Italian Law

Compensation for Personal Injury in English, German and Italian Law
Author: Basil Markesinis
Publisher: Cambridge University Press
Total Pages: 296
Release: 2005-02-24
Genre: Law
ISBN: 9781139444736

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Cross-border claims for personal injuries are becoming more common. Furthermore, European nationals increasingly join class actions in the USA. These tendencies have created a need to know more about the law of damages in Europe and America. Despite the growing importance of this subject, there is a dearth of material available to practitioners to assist them in advising their clients as to the heads of damage recoverable in other countries. This book aims to fill that gap by looking at the law in England, Germany and Italy. It sets out the raw data in the wider context of tort law, then provides a closer synthesis, largely concerned with methodological issues, and draws some comparative conclusions.