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The Resource Towards a better assessment of pain and suffering damages for personal injuries : a proposal based on quality adjusted life years, Vaia Karapanou

Towards a better assessment of pain and suffering damages for personal injuries : a proposal based on quality adjusted life years, Vaia Karapanou

Label
Towards a better assessment of pain and suffering damages for personal injuries : a proposal based on quality adjusted life years
Title
Towards a better assessment of pain and suffering damages for personal injuries
Title remainder
a proposal based on quality adjusted life years
Statement of responsibility
Vaia Karapanou
Creator
Author
Subject
Language
eng
Summary
The assessment of non-economic damages associated with personal injury remains a daunting task for courts. It is the subject of a longstanding and unresolved debate in legal scholarship, as it involves an evaluation of the impact of the immaterial loss incurred, for which a satisfactory instrument is currently lacking. Pain and suffering damages are important for compensating the victim, acknowledging the harm suffered and restoring the disturbed peace, and they can also create incentives that have significant economic implications for the decisions of many actors including victims, injurers, insurers, product manufacturers, employers, medical doctors etc. Towards a Better Assessment of Pain and Suffering Damages for Personal Injuries - A Proposal Based on Quality Adjusted Life Years proposes a novel way to assess pain and suffering damages based on specialised scientific information regarding the impact of different types of injuries. Relevant insights from law and economics literature regarding the minimisation of total accident costs are thoroughly discussed and health economics literature is explored in detail with respect to how different types of injuries and other health conditions affect individuals. Attention is also paid to relevant insights from behavioural economics.The book thus provides a comprehensive analysis with respect to current legal rules on pain and suffering damages and assessment approaches in England, Germany, Greece, Italy and the Netherlands, and compares the positive legal and economic implications that would result from the implementation of the proposed framework. The book contributes to the ongoing discussions on tort reform among legal scholars, economists, medical doctors, insurers and legislators. To demonstrate how the proposed framework can be used in practice, pain and suffering damages are assessed for five cases of personal injury and illness (deafness, loss of sight in one eye, paralysis, leg amputation and contraction of HIV-AIDS) and are juxtaposed with the amounts that have actually been awarded by courts for the same type of injuries in England, Germany, Greece, Italy and the Netherlands. By giving straightforward examples of how the proposed framework could be implemented to assess pain and suffering damages based on actual personal injury case law, the book is also of practical value for the judiciary, legal practitioners and policy makers alike
Member of
Cataloging source
UkCbUP
http://library.link/vocab/creatorName
Karapanou, Vaia
Index
index present
LC call number
K925
LC item number
.V37 2014
Literary form
non fiction
Nature of contents
dictionaries
Series statement
European studies in law and economics series
Series volume
12
http://library.link/vocab/subjectName
  • Personal injuries
  • Damages
  • Compensation (Law)
  • Quality of life
Label
Towards a better assessment of pain and suffering damages for personal injuries : a proposal based on quality adjusted life years, Vaia Karapanou
Instantiates
Publication
Note
Title from publisher's bibliographic system (viewed on 01 Dec 2017)
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
Introduction -- How should pain and suffering damages be assessed? A legal perspective -- How should pain and suffering damages be assessed? A law and economics perspective -- Quality adjusted life years. A measure for the economic evaluation of health care -- Using QALYs in a tort law context. Assessing pain and suffering damages -- Pain and suffering damages based on QALYs. Circumventing victims' (and judges') hedonic misperceptions -- The QALY framework applied. Practical examples and implementation recommendations -- Epilogue
Extent
1 online resource (xvii, 243 pages)
Form of item
online
Isbn
9781780685663
Isbn Type
(ebook)
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Other physical details
digital, PDF file(s)
Specific material designation
remote
Label
Towards a better assessment of pain and suffering damages for personal injuries : a proposal based on quality adjusted life years, Vaia Karapanou
Publication
Note
Title from publisher's bibliographic system (viewed on 01 Dec 2017)
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
Introduction -- How should pain and suffering damages be assessed? A legal perspective -- How should pain and suffering damages be assessed? A law and economics perspective -- Quality adjusted life years. A measure for the economic evaluation of health care -- Using QALYs in a tort law context. Assessing pain and suffering damages -- Pain and suffering damages based on QALYs. Circumventing victims' (and judges') hedonic misperceptions -- The QALY framework applied. Practical examples and implementation recommendations -- Epilogue
Extent
1 online resource (xvii, 243 pages)
Form of item
online
Isbn
9781780685663
Isbn Type
(ebook)
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Other physical details
digital, PDF file(s)
Specific material designation
remote

Library Locations

    • Biddle Law LibraryBorrow it
      3400 Chestnut Street, Philadelphia, Pennsylvania, 19104, US
      39.954941 -75.193362
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