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Pain And Suffering Damages In Wrongful Death Cases: An Empirical Study, Yun-Chien Chang, Theodore Eisenberg, Han-Wei Ho, Martin T. Wells
Pain And Suffering Damages In Wrongful Death Cases: An Empirical Study, Yun-Chien Chang, Theodore Eisenberg, Han-Wei Ho, Martin T. Wells
Cornell Law Faculty Publications
Most jurisdictions in the United States award pain and suffering damages to spouses of victims in wrongful death cases. In several East Asian countries, spouses, parents, and children of the victim can all demand pain and suffering damages. Despite the prevalence of this type of damages, and the oft‐enormous amount of compensation, there has been no large‐scale empirical study on how judges achieve the difficult task of assessing pain and suffering damages. Using a unique data set containing hundreds of car accident cases rendered by the court of first instance in Taiwan, with single‐equation and structural‐equation models, we find the …