What are Hedonic Damages in Survival and Personal Injury Claims?

Hedonic damages in a personal injury case refers to the monetary compensation for the non-economic, subjective losses an individual experiences after an injury. Hedonic damages are for the loss of enjoyment of life (LOEL), and specifically focus on the impact of an injury on an individual’s ability to enjoy the various pleasures of life, like hobbies, recreational activities, or even simple daily routines that were once taken for granted.

Unlike economic damages which cover quantifiable losses like medical expenses or lost wages, hedonic damages are more abstract and harder to calculate. They account for the emotional distress, mental anguish, and the diminished capacity for enjoying the day-to-day pleasures of life that result from a personal injury.

Are Hedonic Damages Separate from Pain & Suffering Damages?

There is a divergence of opinion among courts as to whether hedonic damages for loss of enjoyment of life should be considered separately from pain and suffering damages. Some courts view them as distinct categories of damages, each encompassing different aspects of the overall harm caused by the injury. They argue that pain and suffering is more immediate and physical, whereas loss of enjoyment of life points to the long-term consequences and broader impact on the individual’s lifestyle, hobbies, and general happiness.

However, other courts see pain and suffering and loss of enjoyment of life as intertwined and not easily separable. From this perspective, the loss of enjoyment of life is inherently part of the broader pain and suffering experienced by the victim, since both categories reflect the negative effects of the injury on the individual’s well-being and daily life.

This distinction, or lack thereof, can significantly affect the calculation of damages in a personal injury case, which is why there is ongoing legal debate around it.

Is Cognitive Awareness Required to Claim Hedonic Damages?

Yes, there is significant variation across different jurisdictions regarding whether cognitive awareness is required to claim hedonic damages. Some courts argue that cognitive awareness is a prerequisite for claiming these damages, as they believe it directly impacts an individual’s ability to experience loss of enjoyment of life. These jurisdictions maintain that if a person is not cognitively aware of their loss, they cannot claim damages for it.

However, other courts take a different stance, suggesting that hedonic damages should be awarded even if the injured individual lacks cognitive awareness. They argue that loss of enjoyment of life can be experienced in ways that don’t necessarily require cognitive awareness, such as the inability to partake in physical activities as a result of the injury. This divergence in legal perspectives underscores the complex and subjective nature of hedonic damages in personal injury cases.

How to Prove and Value Hedonic Damages

Proving and valuing hedonic damages can be challenging due to their subjective nature. Often, a combination of testimony by lay people and experts is used.

Testimony by Lay People on Loss of Enjoyment of Life (LOEL)

Lay people, such as the injured party, friends, and family, can provide crucial testimony about the impact of the injury on the individual’s everyday life. This could include changes in personality, inability to partake in previously enjoyed activities, and overall decrease in quality of life. Such testimonies offer first-hand accounts of the loss of enjoyment of life, providing the court with a detailed picture of the victim’s pre- and post-injury life.

Testimony by Expert Witnesses

In contrast, expert testimony often comes from professionals like economists, psychologists, or medical doctors who can present an objective assessment of the hedonic damages. Economists may use methodologies to place a monetary value on the loss of enjoyment of life, while medical professionals can substantiate the extent of the injury and its impact on life enjoyment. Psychologists can provide insight into the emotional and mental distress the victim might be experiencing. This blend of subjective and objective testimonies can substantiate the claim for hedonic damages and provide a more accurate assessment of their value.

Example: Economists’ Approach to Hedonic Damages Calculation

Most economists who testify on hedonic damages begin the calculation with a “whole life value‘ – an estimation of what an individual’s life is worth in economic terms. From this initial value, deductions are made for two important factors: human capital costs and the value of household services.

Human capital costs refer to the potential earning capacity that an individual has lost as a result of their injury. These costs can include lost wages, lost benefits, and the potential for future earnings and promotions that have been impacted by the injury. Household services denote the value of tasks that an injured person can no longer perform, and thus would need to hire someone else to do, such as housekeeping, gardening, or childcare.

The methodology for subtracting these costs from the whole life value should be conservative in order to avoid overestimating the damages. Economists need to consider a range of factors when making these deductions, including the individual’s age, work history, potential for career advancement, and the nature and severity of the injuries. By adopting a conservative approach, economists can ensure a fair and realistic valuation of the hedonic damages.

In conclusion, both lay and expert testimonies are critical when it comes to proving and valuing hedonic damages. The lay testimony provides a personal, subjective perspective, while the expert testimony provides an objective, professional evaluation. Both perspectives together can give a comprehensive view of the loss of enjoyment of life suffered by the victim.

Example of a Hedonic Damages Calculation

To illustrate the application of the hedonic damages, let’s consider a hypothetical personal injury case. The plaintiff, a 30-year-old professional soccer player earning $100,000 per year, suffers a career-ending injury due to the defendant’s negligence.

The economist begins by estimating the ‘whole life value’. Let’s assume this is set at $9 million, based on various quality of life indicators and statistical life valuations.

Next, the economist subtracts the human capital costs. Given the plaintiff’s age and income at the time of the injury, the loss of future earnings is calculated as $3.5 million, assuming he would have played until age 40 and then transitioned into a coaching role. The value of lost household services, like childcare, housekeeping, and gardening, is estimated at $500,000 over the course of the plaintiff’s lifetime.

Subtracting both the human capital costs and the value of lost household services from the ‘whole life value’, the economist arrives at a preliminary estimation of hedonic damages. In this case, $9 million – $3.5 million – $500,000 equals $5 million.

This $5 million represents the estimated monetary value of the soccer player’s loss of enjoyment of life due to the injury, separate from his financial and household losses. However, this is a simplified example, and actual calculations would require thorough analysis involving many more factors and individual circumstances.

Criticisms of Hedonic Damages

• Subjectivity:  One major criticism of the Hedonic Damages Method is its inherent subjectivity. The concept of ‘enjoyment of life’ varies widely from person to person, making it difficult to establish an objective monetary value.
• Inconsistency:  Critics also argue that the Hedonic Damages Method lacks consistency. Different economists may arrive at vastly different damage valuations for the same case, due to the varying assumptions and approaches used in the calculation.
• Inflated Awards:  The Hedonic Damages Method also faces scrutiny for its potential to yield inflated damage awards. Critics suggest that juries may be swayed by the emotional nature of the hedonic damages concept and award excessively high amounts.
• Quantifying the Unquantifiable:  Some critics question the very premise of translating non-economic losses like pain and suffering, or loss of enjoyment of life, into a dollar amount. They argue that such damages are inherently immeasurable and that any attempt to quantify them may trivialize the severity of the victim’s experience.
• Placing a Value on Human Life:  Lastly, there’s criticism surrounding the use of “whole life value” in calculating hedonic damages. The idea of putting a price tag on a human life is viewed by some as ethically and morally problematic.

Learn More About Hedonic Damages from Our Attorneys

At our law firm, we have a team of experienced attorneys who specialize in personal injury claims and the complex calculation of hedonic damages. We understand the devastating impact that loss of enjoyment of life, pain, and suffering can have on an individual and their loved ones.

Our team is committed to helping you understand the process of calculating hedonic damages and ensuring that you receive the compensation you deserve. We closely collaborate with medical professionals, psychologists, and economists to provide comprehensive and accurate assessments of your damages.

Contact us today for a FREE CONSULTATION and learn how we can assist you with your personal injury claim. Our law firm has a long history of obtaining excellent results for our clients.