The Logic of Comparable-Case Guidance in the Determination of Awards for Pain and Suffering and Punitive Damages

31 Pages Posted: 13 Jun 2016 Last revised: 19 Nov 2018

See all articles by Hillel J. Bavli

Hillel J. Bavli

Southern Methodist University - Dedman School of Law

Date Written: October 2015

Abstract

Little guidance is provided to fact-finders in arriving at awards for pain and suffering and punitive damages. Such awards are therefore highly variable. This article explains why methods involving comparable-case guidance — information regarding awards in comparable cases as guidance for determining damage awards — are generally effective in reducing unpredictability and improving the reliability of awards for pain and suffering and punitive damages. The article addresses major objections to such methods, and provides relevant legal context and direction for implementation.

Suggested Citation

Bavli, Hillel, The Logic of Comparable-Case Guidance in the Determination of Awards for Pain and Suffering and Punitive Damages (October 2015). 85 University of Cincinnati Law Review 1 (2017), Available at SSRN: https://ssrn.com/abstract=2792325

Hillel Bavli (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States

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