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This last item, called hedonic damages, is basically an expression of the dollar value of a life, determined by economists to be quantifiable at $1.5 million to $3.5 million, but as high as $8 million.
A further problem is that courts in several jurisdictions have rejected hedonic damages, and the approach (especially the willingness-to-pay valuation method) remains controversial even among jurisdictions that have recognized it.
that "courts should not award hedonic damages for disabling
Critics of the use of hedonic damages and the willingness-to-pay concept have attacked through several avenues.
Hedonic damage advocates have answered this question with a resounding "Yes." However, the hedonic damage approach has been controversial and has at best had a mixed reception in the courts.
They are called "hedonic damages" and are named as such because the plaintiff is seeking compensation for the loss of enjoyment of life.
The latter belong in the category of non-economic or general compensatory damages, as are hedonic damages that address the value of a life lost or truncated.
losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other non-pecuniary losses of any kind or nature.
The high stakes methodology of hedonic damages began to be accepted by some courts in the 1980s.(1) Efforts to adopt this concept broadly have not succeeded.
In "Hedonic Damages in Personal Injury and Wrongful Death Litigation," Stan Smith argues that the value of life (VOL) literature in economics can be used to provide guidance to jurors about the loss of enjoyment of life by both decedents and the nonfatally injured.
Damages for loss of enjoyment of life (LEL), or hedonic damages as they are often called, compensate people for the deprivation of life's satisfactions and rewards caused by injury or death.
(1990) first described a judgmental scaling method for valuing hedonic damages resulting from non-fatal injury.
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