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Calculating the Damages

By Debra Sydnor and Shirlethia Franklin
December 17, 2008

For decades, courts have considered factors such as race and socio-economic status when calculating the amount of damages to be awarded in civil actions. Specifically, in the realm of tort law, courts have utilized actuarial tables and other data compilations in estimating, among other things, future earning potential and life expectancy in both simple negligence and medical negligence cases.

In recent times, however, the use of such evidence in damages calculations has gained wide criticism and scrutiny. While some courts have allowed the use of race- and socio-economic-based statistical evidence when computing damages in tort actions, others have expressly rejected the use of such statistical evidence, questioning the appropriateness, reliability, and fairness of this evidence when used in this way. Consideration of these factors has also been controversial in light of recent tort reform laws, as courts have recognized the effect of damages caps on minorities, women, and those of lower socio-economic status.

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