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 et al.,
Rationalizing Noneconomic Damages: A Health-Utilities Approach,
74 Law and Contemporary Problems
Available at: https://scholarship.law.duke.edu/lcp/vol74/iss3/4