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  Evaluating Human Life Using Court Decisions on Damages for Pain and Suffering

University of Salzburg
January 27, 2011

http://www.uni-salzburg.at/pls/portal/docs/1/1383227.PDF

[pdf] Andrea Leiter,a Magdalena Thönib and Hannes Winnerc

Abstract

This paper provides a framework to evaluate human life based on civil court decisions on damages for pain and suffering. Using judgements from Germany and Austria over the last 25 years, we calculate an average Value of Damages for Pain and Suffering (VDPS) of about EUR 1.79 millions, with a minimum (maximum) of around EUR 0.67 (4.62) millions. Our approach also allows to calculate the value of body parts and body functions, which might be of interest if information on the benefit of an individual's change in life quality is not (entirely) available. ...

Background

Generally, damages are defined as the amount of money that is awarded to compensate someone who has been harmed by another's wrongdoing or negligence. Thereby, harm constitutes the first element required for damages action, the others being cause and breach of duty (see Cooter and Ulen 2008, for a discussion). Generally, damages include pain and suffering, healing costs, present and future loss of earning capacity, as well as payments for psychological and social damage. DPS only focus on the compensation of physical and mental distress suffered from an injury, including fractured body parts and internal ruptures as well as the pain, the temporary and permanent limitations on activity, the potential shortening of life and other forms of suffering (see Posner 2007). They do not cover a decrease in the marginal utility of income due to the injury and a loss of income associated with, for example, sickness absences, reductions in working hours or forces to accept lower paid jobs.

 
 

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