Calculating lost wages for foreign workers killed in the U.S.

Calculating damages for individuals who reside in other countries but are killed or injured in the U.S. is difficult. In these types of cases, we typically do not have sufficient knowledge, and/or data on a number economic factors that we usually consider when performing economic earnings or revenue loss. For instance, many countries do not have and maintain data that can be easily used to calculate personal consumption factors. In some instances, determining the amount of taxes the individual might have paid in the foreign country may also be difficult.

In the next few post, we will be discussing a case, Ostrowiecki vs. Aggressor Fleet, Ltd., CIVIL ACTION No. 07-6598,CIVIL ACTION No. 07-693, United States District Court in Louisiana, that deals with the death of a Brazilian business owner.

Study: Tort reform increase the death rate of elderly, lower-income, and minorities

Using medical malpractice tort reforms and state-level data from 1980-2000, two Emory University Law Professors, PAUL H. RUBIN, JOANNA M. SHEPHERD, examine empirically whether tort reforms have disproportionate effects on different demographic groups. They find that the impact of tort reform varies substantially among demographic groups.

Their results suggest that women, children, and the elderly do not enjoy tort reform’s benefits as much as men and middle-aged people.

The research further suggest that these individuals may be harmed by tort reform

Source:

Rubin, Paul H. and Shepherd, Joanna M. (2008) "The Demographics of Tort Reform," Review of Law & Economics: Vol. 4 : Iss. 2, Article 3. Available at: http://www.bepress.com/rle/vol4/iss2/art3