Personal Injury and Wrongful Death Damages Calculations: Transatlantic Dialogue

Abstract

Abstract This article carefully reviews the book titled Personal Injury and Wrongful Death Damages Calculations: Transatlantic Dialogue edited by John O. Ward and Robert J. Thornton, published by Emerald Books (2009). The book is a compendium of papers arising from several international meetings sponsored by the National Association of Forensic Economics, which contrasts and compares the methodology utilized in several European countries in comparison with practice in the United States. What is clear from reading the chapters is that European courts depend heavily upon standardized tables when calculating economic loss, with judges adjusting the tables based upon case precedent and individual discretion. U.S. courts, on the other hand, do not depend upon standardized tables and rely more on testimony from experts. The pros and cons of both systems are presented in the book. The article concludes with suggestions for further research.