Hedonic Damages


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Related to Hedonic Damages: punitive damages, nominal damages, Loss of consortium

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 ?
Moreover, the availability of hedonic damages may diminish a collateral
obtaining hedonic damages can undercut that sense of empowerment,"
The question how hedonic damages should be measured was
Still, the question whether courts should award hedonic damages looks
Recently some state courts, including two district courts of appeal in California, have disapproved the use of hedonic damages and have ruled that testimony related thereto is inadmissible.
1993, The Misallocation of the Hedonic Damages Concept, Journal of Forensic Economics, 6(2): 93-98.
This last item, called hedonic damages, is basically an expression of the dollar value of a life, determined by economists to be quantifiable at $1.
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.
Supreme Court held that hedonic damages are not punitive damages and therefore are not prohibited under the Federal Tort Claims Act (FTCA).
TRIAL MANUAL FOR PROVING HEDONIC DAMAGES 6, 14-15 (1992).
35) By Marsh's reading, "losses" now included pain and suffering and hedonic damages, including the "full amount" of losses that might occur at any point in the future, so long as they could be somehow tied back to the trauma from the offense.