Estimating pain and suffering damages

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Abstract

This chapter argues that the best solution for dealing with the high cost of administrating pain-and-suffering damages and the alleged variation in horizontal quality is to reduce the cost of administration and increasing uniformity, rather than limiting plaintiffs’ recoveries. The best way to accomplish this is by simplifying ways to estimate pain-and-suffering losses. The chapter surveys a number of solutions discussed in the literature on how to simplify the estimation of pain-and-suffering damages to cut administrative costs. The goal is to demonstrate the feasibility of the task of estimating the loss more than to recommend any specific path to it.

Original languageEnglish
Title of host publicationThe Oxford Handbook of Law and Economics
Subtitle of host publicationVolume 2: Private and Commercial Law
PublisherOxford University Press
Pages96-119
Number of pages24
Volume2
ISBN (Electronic)9780199684205
DOIs
StatePublished - 1 Jan 2017
Externally publishedYes

Keywords

  • Administrative cost reduction
  • Cost estimation
  • Damages
  • Pain
  • Suffering
  • Tort law

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