Doing Away with Inequality in Loss of Enjoyment of Life

Authors: Giovanni Comandé


The aim of this paper is to show the benefits and viability for the US of experimenting in awarding methods for non-pecuniary losses in light of European experiences. A comparison of innovative methods illustrates that the use of “European style” guidelines would help the review process while safeguarding the jury’s independence and enabling the court to consider the legitimate evidential factors that evoked the specific jury verdict. A better understanding of non-US solutions would at least bring more consistency in striving for individual justice and retaining judicial “discretion”.