Court Awards of Damages for Loss of Future Earnings: An Empirical Study and an Alternative Method of Calculation

This article examines the effect upon damages for personal injury of methods used in the United States of America to calculate loss of future earnings. The work of lawyers is examined from the perspective of labour economists. The damages calculated by using these alternative methods are compared with those actually awarded in over a hundred cases determined by courts in England and Wales. This interdisciplinary and comparative study reveals that the tort system fails to satisfy one of its main objectives in that it does not provide recipients of damages with 'full' compensation.     

Repeated postevent questioning can lead to elevated levels of eyewitness confidence

Two experiments tested the proposition that postevent questioning can lead to later increases in witness confidence without corresponding changes in witness accuracy. After a staged interruption in a college classroom, participants were questioned about the event 5 times over 5 weeks in Experiment 1 (n=57) and 3 times over 5 days in Experiment 2 (n=79). During the final questioning session, the participant-witnesses consistently reported higher levels of confidence for those items that had been subject to repeated postevent questioning than for those items that were asked for the first time, yet there was no difference in the accuracy of the responses to the two sets of items. Additionally, in all conditions the participant-witnesses were generally overconfident in their responses. These results suggest that repeated postevent questioning can cause eyewitnesses' subsequent confidence estimates to be artificially inflated.