Scheduling Damage Awards

Abstract

A schedule is one among possible solutions to the problems associated with the monetary valuation of personal injury. In using schedules to determine an adequate amount of compensation for particular damage claims, we have to assume some degree of error because not all damage awards will fall on the schedule’s average value. Nevertheless, the larger deviations make up for the smaller ones if the tables are accurate. Our position is that a schedule makes sense only when compensation may not both objectively and accurately be assessed on an individual basis. This is what actually happens to pain & suffering awards. For those, a schedule based both on previous cases and the value of life literature offers a good solution, but no other levels of harm should be subject to it. Contrary to this, Spain has introduced a mandatory schedule in its liability system for automobile accidents since 1995 which includes not only pain & suffering, but also lost earnings. The lack of analysis prior to legislation has led to substantial mistakes that finally brought it to the Constitutional Court, jeopardizing a step backwards to previous variability and uncertainty problems.