Tackling the Measurability Problem of Physical Pain in Personal Injury Cases: The Case for Remembered Pain and for Disregarding Race and Gender
Finally, this dissertation tackles the thorny issue of translating pain into money. I propose valuing pain using the willingness-to-pay formula, according to which jurors would ask themselves what is the maximum sum of money that a reasonable person would have been willing to pay to eliminate the risk of ending up with the remembered pain sustained by the plaintiff. This formula is superior to previous proposals because it focuses on the harm of the victim and on the ex ante probability that the harm would take place.
University of Illinois - Urbana-Champaign
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University of Illinois at Urbana-Champaign