Damages to a Child and the Proposed Fair Calculations Act: A Case Study

Abstract

The Fair Calculations Act seeks to prohibit courts from using race, ethnicity, gender, religion, or actual or perceived sexual orientation in awarding damages to plaintiffs in civil actions. The legislation died in the 114th Congress but a similar bill was introduced in the House of Representatives and the Senate on September 19, 2019 and is in the early stage of the legislative process. California's Senate Bill No. 41 (2019) which is similar to the Fair Calculations Act became law on January 1, 2020. This case study examines economic damages of a male and female child suffering the same traumatic injury from an automobile collision shortly after birth assuming that some future version of the Fair Calculation Act becomes law.