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.

Justice for the Injured Child

Justice for the Injured Child
Author: Mark C Blane
Publisher: Lulu.com
Total Pages: 177
Release: 2011-03
Genre: Law
ISBN: 1458396746

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Justice for the Injured Child. For more information go to http: //www.blanelaw.co

Guidelines for the Assessment of General Damages in Personal Injury Cases

Guidelines for the Assessment of General Damages in Personal Injury Cases
Author: Judicial College
Publisher: OUP Oxford
Total Pages: 137
Release: 2012-09-20
Genre: Law
ISBN: 0191641847

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This is the standard reference work for general damages in personal injury claims, and essential reading for all those involved in the area of personal injury. The Guidelines are designed to provide a clear and logical framework for the assessment of general damages while leaving the discretion of the assessor unfettered, since every case must depend to a degree on its own facts. They provide an invaluable guide to all those involved in personal injury litigation. As with previous editions, all judges involved in hearing personal injury cases will automatically receive a copy of the book. This eleventh edition has been fully updated to take account of inflation and decisions made in the two years since the previous edition and includes a foreword written by The Right Honourable Dame Janet Smith DBE.

Guidelines for the Assessment of General Damages in Personal Injury Cases

Guidelines for the Assessment of General Damages in Personal Injury Cases
Author: Judicial College
Publisher: Oxford University Press
Total Pages: 113
Release: 2024-03-06
Genre: Law
ISBN: 0198900724

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The Guidelines for the Assessment of General Damages are designed to provide a clear and logical framework for the assessment of damages in personal injury cases. The first edition of this title was regarded as a landmark in personal injury practice. Each succeeding issue has built on this reputation and the book has now firmly established itself as essential reading for all those involved in the area of personal injury litigation. This new edition has updated the award figures to take into account the rise in inflation. The book also considers a small number of decisions concerning damages for sexual abuse, including image based abuse, since the previous edition. This book is edited by a working party of the Judicial College, under the chairmanship of The Hon. Mrs Justice Lambert DBE. The members of the working party are all lawyers and personal injury specialists: Stuart McKechnie KC, barrister; Steven Snowden KC, barrister; Lisa Sullivan, Master of the Queen's Bench Division; and Richard Wilkinson, barrister.