The Logic of Comparable-Case Guidance in the Determination of Awards for Pain and Suffering and Punitive Damages

Little guidance is provided to triers of fact in arriving at awards for pain and suffering and punitive damages. Such awards are therefore highly variable. This article explains why methods involving comparable-case guidance—information regarding awards in comparable cases as guidance for determining damage awards—are effective not only in reducing unpredictability, but also in improving the accuracy of awards for pain and suffering and punitive damages generally. The article addresses major objections to such methods, and provides relevant legal context and direction for implementation.