![]() For victims who can prove their case when it comes to loss of enjoyment of life, the law will generally award compensation. You probably won't hear the term "hedonic damages" used in a courtroom unless it's by an economist, but rest assured that courts are paying attention. The younger the victim is, the more damages they're likely to get, since the loss will be felt over a longer period of time. In order to prove something like "hedonic damages," a victim typically has to support the claim with evidence of what they can no longer do as a result of their injuries. That doesn't mean victims get nothing when it comes to the emotional loss of the ability to enjoy their lives it's just that courts often give them much less than they ask for. The law generally demands clear proof and without it, it's difficult to win your case. It's not that they dismiss pain and suffering, but it's hard to quantify correctly. Historically, judges have shied away from granting much when it comes to hedonic damages. Hedonic damages fall into that category as well. Lost earning capacity, medical bills, and other expenses can all be measured by objective standards.īut other damages, like pain and suffering, are based on subjective testimony. It's easy for courts to measure many of the effects an injury has on a victim's life. Like many other economic models, the theory of hedonic damages uses various mathematical computations, studies and statistics to derive the amount of loss. ![]() It's the intangible impact an injury has on your life. The term "hedonic damages" refers to what lawyers call the loss of enjoyment of life. In reviewing a compensatory damage award, the following factors are relevant. Hedonic damages are technically an economic term, but they still have a place in the law. Hedonic damages appear to be allowed as a part of compensatory damages but in this case the award was found to be excessive. Punitive damages are additional amounts meant to further deter the defendants from repeating their actions. Compensatory damages pay for the harm, both physical and emotional, done to the victim or victims. "Compensatory" and "punitive" are legal terms about what money a victim an be awarded. In personal injury lawsuits, lawyers talk about compensatory and punitive damages while economists may talk about hedonic damages.
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