statistics, personal injury cases, non-pecuniary damage, negligence, damages law
The real issue in personal injury cases is often damages. Our concepts and law relating to negligence and other aspects of personal injury are sufficiently developed that parties can often agree upon who is at fault. Yet damages law, for all the cases and principles which have been decided, remains the least intelligible and thus the least predictable for parties and their counsel. When parties have to go to trial in a personal injury case, it is often primarily to decide who should pay what.
Jack Effron and John Forster, "Using Statistical Techniques to Predict Non-Pecuniary Damage Awards in Personal Injury Cases" (1989) 12:1 Dal LJ 146.