That’s what I meant by ‘judicial discretion in unusual cases.’
Setting the default value a standard deviation or three above the actual average would probably be sensible. Cuts down on expensive investigations and appeals, since most bereaved parents would realize on some level that they won’t actually gain by nitpicking, and erring on the side of punitive damages would help appease the victim and discourage recklessness.
That’s what I meant by ‘judicial discretion in unusual cases.’
Setting the default value a standard deviation or three above the actual average would probably be sensible. Cuts down on expensive investigations and appeals, since most bereaved parents would realize on some level that they won’t actually gain by nitpicking, and erring on the side of punitive damages would help appease the victim and discourage recklessness.