This Article proposes two reforms designed to improve on existing mechanisms for assessing personal injury damages without deviating from the essential goals of the current tort law system. The first proposal asserts the need for a "common law" of damages. It suggests development of a reporting system to record damage awards that would have precedential value for future awards. The second proposal is a plan to pay for future services not with traditional cash payments but rather by funding actual service contracts for necessary care. These reforms should achieve more accurate awards in individual cases of personal injury and should promote consistency across cases.
James F. Blumstein, Randall R. Bovbjerg & Frank A. Sloan,
Beyond Tort Reform: Developin Better Tools for Assessing Damages for Personar Injury,
Yale J. on Reg.
Available at: http://digitalcommons.law.yale.edu/yjreg/vol8/iss1/6