In their stimulating and valuable article, Blumstein, Bovbjerg, and Sloan offer two quite distinct proposals. Both schemes seek to increase the predictability and efficiency of tort law outcomes, but they have little else in common. The first is a reporting scheme to facilitate the scheduling of damages. It would apply to all personal injury cases. The second is directed only at cases of serious injury. It would supplant the usual lump sum award covering the costs of future health care, educational, social, and related long-term support services, replacing that award with a series of contracts for these future services to be negotiated by the parties.
Peter H. Schuck,
Scheduled Damages and Insurance Contracts for Future Services: A Comment on Blumstein, Bovbjerg, and Sloan,
Yale J. on Reg.
Available at: http://digitalcommons.law.yale.edu/yjreg/vol8/iss1/7