Description
Book SynopsisThe volume focuses on litigation damages, economic and non-economic, including punitive damages; their definitions, calculations, and assignments in the US and EU. The objective is to examine areas of convergence and divergence in the academic and practical treatment of damages issues in the US and EU. Many of the chapters in the volume are drawn from the papers and discussions generated at the Transatlantic Dialogue meetings of the National Association of Forensic Economics that began in Edinburgh, Scotland, in 2004. That meeting focused on the development of the 'Ogden' multipliers for calculating damages mandated for consideration by UK Courts in 1999. The 2005 meetings (Dublin, Ireland) centred on Markov methodologies used in the US for generating work-life tables and their adoption into damages multipliers, punitive damages, and the process of Irish tort reform. In 2006 discussions in Florence, Italy, focused on methods for calculating non-economic damages in the US and EU as well as the process of harmonization of tort law within the EU. Most recently, the 2007 discussions in Barcelona, Spain, dealt with comparisons of scheduled damages systems in the US and the EU.
Table of ContentsAbout the Authors. The transatlantic dialogue: An introduction. The development of an actuarial approach to the calculation of future loss in the UK. Economic damages and tort reform: A comparative analysis of the calculation of economic damages in personal injury and death litigation in the United States and the United Kingdom. Accounting for the effects of disablement on future employment in Britain. Estimating and using work life expectancy in the United Kingdom. Markov work life table research in the United States. Periodical payments awards and the transfer of risk. The U.S. approach to computing economic damages due to personal injury and wrongful death. Principles of compensation for injury and wrongful death in Ireland. Doing away with inequality in loss of enjoyment of life. Scheduled damages and the American tort environment. Examples of “schedules of damages” used in Europe and the United States. International data and the forensic economist: A guide to sources and uses. Contemporary Studies in Economic and Financial Analysis. Personal Injury and Wrongful Death Damages Calculations: Transatlantic Dialogue. JAI Press is an imprint of Emerald Group Publishing Limited.
