This is the old version of the H2O platform and is now read-only. This means you can view content but cannot create content. You can access the new platform at https://opencasebook.org. Thank you.
Once one gets beyond the concrete medical bills and replacement costs for lost items chargeable in a tort action, assessing damages can be profoundly difficult. The core idea of tort is to make a deserving plaintiff whole again, and money is the vehicle by which to do it.
Lost wages might be clear in some cases, and speculative in others. What amount to account for a lifetime’s labor for a ten-year-old girl who has been wrongfully killed? A one-day-old baby? Should the answer vary depending on the existing circumstances of the plaintiff? If the same automobile accident on a sidewalk injures both a high-income patio diner and the low-income waiter serving her meal, depriving each of a livelihood, is the customer due more money to be restored to her prior position than the waiter?
Beyond lost income, if someone’s wrong has caused pain and suffering, that’s a negative to be offset by the positive of compensation. But how should a jury assess pain and suffering? Sometimes this can be thought of as a question of evidence: what may be brought before the jury as fact by one party, subject, as always, to challenge by the other? At other times it may fall to jury instructions, or to what a lawyer may be permitted to say in opening or closing argument.EDIT PLAYLIST INFORMATION DELETE PLAYLIST
Edit playlist item notes below to have a mix of public & private notes, or:MAKE ALL NOTES PUBLIC (6/6 playlist item notes are public) MAKE ALL NOTES PRIVATE (0/6 playlist item notes are private)
|2||Show/Hide More||Massachusetts General Laws - Part III, Title II - Chapter 229, Section 2: Wrongful death; damages|
|3||Show/Hide More||A Restatement Approach to Damages|
|4||Show/Hide More||McDougald v. Garber--"The Comatose Sufferer"|
|5||Show/Hide More||Seffert v. Los Angeles Transit Lines--"The Calculating Pain and Suffering Case"|
|6||Show/Hide More||Greyhound Lines, Inc. v. Sutton--"The Worth of a Child Case"|
July 24, 2017
Harvard Law School, Berkman Center
This is the old version of the H2O platform and is now read-only. This means you can view content but cannot create content. If you would like access to the new version of the H2O platform and have not already been contacted by a member of our team, please contact us at email@example.com. Thank you.