Measurement of damages for pain and suffering is, in a sense, an attempt to measure the unmeasurable; yet as long as our law recognizes a right to recover for pain and suffering, the jury or judge must arrive at some concrete figure. The traditional approach of simply instructing the jury that they should arrive at a reasonable amount provides little, if any, guidance. The question is whether this approach, nevertheless, remains the best of a bad lot of alternatives. If more guidance is desirable, what can be accomplished within the framework of our present system? The mathematical formula discussed in this comment presents one possibility.
Thomas D. Heekin S .Ed.,
Damages-Pain and Suffering-Use of a Mathematical Formula,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol60/iss5/4