An injured party may generally recover damages for various types of personal injuries in tort litigation. In particular, a plaintiff is allowed to recover for damages reasonably expected in the future. This Comment is concerned primarily with the use of statistics in calculating future earning capacity, but it will also examine other problems encountered in attempting to measure prospective damages. Initially, the Comment outlines and criticizes the mechanics involved in the application of the "present approach." Then it analyzes the use of statistics and notes that the present formula used in calculating future damages leads to a consistent overstatement of damages. Finally, the Comment offers alternative approaches that will hopefully avoid the shortcomings of the "present approach."
A Misuse of Statistics and Future Damages,
51 Neb. L. Rev. 663
Available at: http://digitalcommons.unl.edu/nlr/vol51/iss4/6