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Rationalizing Noneconomic Damages
David M. Studdert
Allen Kachalia
Joshua Salomon
Michelle M. Mello
其他書名
A Health Utilities Approach
出版
SSRN
, 2013
URL
http://books.google.com.hk/books?id=mTnczwEACAAJ&hl=&source=gbs_api
註釋
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.