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

Authors

Hillel J. Bavli, Southern Methodist University, Dedman School of LawFollow

ORCID (Links to author’s additional scholarship at ORCID.org)

https://orcid.org/0000-0003-4888-2842

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.

Publication Title

Cincinnati Law Review

Document Type

Article

Recommended Citation

Hillel Bavli, The Logic of Comparable-Case Guidance in the Determination of Awards for Pain and Suffering and Punitive Damages, 85 U. Cin. L. Rev. 1 (2017).