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Hedonic Damages

In the context of personal injury law, “hedonic damages” are damages to compensate a plaintiff for “loss of enjoyment of life,” i.e., a diminished ability to enjoy the day-to-day pleasures of life.


For example, a truck crashes into a pedestrian. After the accident, both of the pedestrian’s legs are totally and permanently paralyzed. The pedestrian files a personal injury action against the driver of the truck. In the action, the pedestrian seeks damages for his past and future medical expenses, his lost wages, his loss of earning capacity, and his mental pain and suffering. In addition, the pedestrian seeks hedonic damages for his loss of enjoyment of life. In order to prove his claim for hedonic damages, the pedestrian will have to show that the accident, and the resulting paralysis of his legs, diminished his enjoyment of life.

Hedonic damages are controversial because they require a jury to put a monetary value on the quality of a person’s life. A jury must answer the question, “How much was the plaintiff’s quality of life worth before the accident, and how much is it worth now?”

Some states do not permit a plaintiff to seek hedonic damages as a separate damage claim. In those states, hedonic damages are generally considered to be a part of the plaintiff’s recovery for mental pain and suffering. Most states will not admit expert testimony to prove hedonic damages.

Copyright 2012 LexisNexis, a division of Reed Elsevier Inc.

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