In CA 1093/07 Bachar v. Fokmann [2009] (request for additional hearing denied, 2010) , the Israeli Supreme Court has formed a formula for calculating the deduction of NII payments from a tort victim's claim, when only some of the victim's impairment is causally linked to the tortious act in...

The traditional economic analysis of tort and insurance has for a long time assumed rationality on the side of persons involved in the accident situation: victims and injurers were assumed to base their decision on e.g. the care levels to adopt on a weighing of cost and benefits of that action....

The purpose of this project is to demonstrate that the economic analysis of the law should proceed from the notion that individuals form a spontaneous order in response to the institution of tort law, each other, and their environment. First, I address the methodological advantages of the...

People seriously misjudge accident risks because they routinely neglect relevant information about exposure. Such risk judgments affect both personal and public policy decisions, e.g., choice of a transport mode, but also play a vital role in legal determinations, such as assessments of...

Exceptions do not exist in a vacuum; in fact, exceptions to a principle are usually formed using those principles to which it is an exception. Even so, United States courts interpreting the “accident” requirement of the Montreal Convention — an exception to traditional tort law regarding...

What is the appropriate lump-sum compensation for loss of work income in personal injury cases? Since generally future work income is not known with certainty, compensation for its loss must be based on statistical considerations. Typically, courts have based awards on mean or median work...

Little is known about the economics of plaintiff-side law firms, which typically work on a contingency fee basis. We begin here to fill that gap. We report on the fees received by 124 plaintiff-side personal injury firms located in four states (Illinois, Texas, and two additional undisclosed...

In the next decade, humans will increasingly share the roads with autonomous vehicles (AVs). The deployment of AVs has the potential to dramatically reduce the frequency and severity of motor vehicle crashes. Existing liability rules give companies developing AVs insufficient incentives to...

This is a survey of legal liability for accidents. Three general aspects of accident liability are addressed. The first is the effect of liability on incentives, both whether to engage in activities (for instance, whether to drive) and how much care to exercise (at what speed to travel) to...