Hedonic Damages


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Hedonic Damages

Compensation for the loss of value of life in an injury case. For example, if Fred's negligence causes Bob to break his neck and become paralyzed, a jury in the resulting lawsuit may award Bob hedonic damages to repay him for the fact he can no longer enjoy his life in the same way as he once did. Hedonic damages are distinct from damages award for loss of income, earning potential and so forth. Most jurisdictions in the United States permit the award of hedonic damages.
References in periodicals archive ?
1988) (allowing expert testimony on hedonic damages in a civil-rights action for wrongful death).
Moreover, the availability of hedonic damages may diminish a collateral
1993, The Misallocation of the Hedonic Damages Concept, Journal of Forensic Economics, 6(2): 93-98.
EXHIBIT 1 HEDONIC DAMAGES CALCULATIONS VALUE OF WHOLE LIFE $5,000,000 PERCENT LOST 40% HEDONIC DAMAGES $2,000,000
Section III examines why hedonic damages as they are traditionally formulated as a damages concept are not warranted.
Recent decisions take the logical approach of allowing hedonic damages to comatose victims, reasoning that "what is lost is the real personal joy and pleasure that the comatose victim might otherwise have experienced.
Picture the hedonic damages expert or a psychologist associate, who just testified that a broken arm caused a 35% loss in quality of life, confronted by a defense lawyer with a handful of unfamiliar published studies (several exist) showing the QALY loss due to a broken arm typically is 5% to 15%.
The underlying concept of hedonic damages is not itself new.
Economic Evaluation of the Loss of Enjoyment of Life Hedonic Damages," in Damages in Tort Actions, Ch.
THE area of hedonic damages has received a great deal of attention in recent years in both personal injury and wrongful death cases.
Johnson, Paul Taylor and this author [Ireland, Johnson and Taylor, 1997; henceforth IJT] provided a review of reported legal decisions regarding the admissibility of testimony by economic experts on hedonic damages since the decision of the United States Supreme Court in William Daubert et al v.