Non-pecuniary Losses in the Economic Analysis of Torts: a Plea for<i>Ex Ante</i>Determined Damages

Visscher, Louis; Karapanou, Vaia

doi:10.1093/cjcl/cxv010

Cited by 1 publication

(2 citation statements)

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“…Several others have made the connection (Miller ; Ubel & Loewenstein ; Noah ; Avraham ). Karapanou and Visscher have explored the idea in some depth (Karapanou & Visscher , ; Visscher & Karapanou ; Karapanou ). On the whole, this emerging body of scholarship is optimistic about potential to turn health‐utility measures to this use, but the technical feasibility has not been empirically demonstrated to date.…”

Section: Introductionmentioning

confidence: 99%

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Feasibility of a Health‐Utility Approach to Quantifying Noneconomic Losses from Personal Injury

Carvalho¹,

Fish²,

Grant³

et al. 2018

J Empirical Legal Studies

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There is wide agreement that existing approaches to valuing noneconomic losses from personal injury lack coherence. "Health-utility" measurement---an approach developed in health economics for valuing health outcomes in public health and medicine---holds considerable promise for bringing greater rationality and consistency to assessments of injury-related noneconomic loss. However, the feasibility of creating utility measures that are suitable for use in personal injury compensation has not been demonstrated. This study takes that step. We surveyed more than 4,100 members of the general public in Australia to assess people's preferences for a variety of nonfatal "health states." The health states were selected to reflect harms commonly seen in claims to compensation schemes for transport and workplace accidents. We then followed established methods for transforming the survey responses into a "severity weight" for each health state. We show how these severity weights can be used to define tiers in a schedule for guiding noneconomic damages determinations. We also discuss the strengths and limitations of the approach, and consider implementation challenges.

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Section: Introductionmentioning

confidence: 99%

“…Since tort systems do compensate temporary injuries, future research might usefully extend exploration of the feasibility of a health‐utility‐based damages schedule by assessing their severity by means of QALYs or DALYs. A Dutch team has described how this might be done (Karapanou & Visscher ; Visscher & Karapanou ).…”

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confidence: 99%