“Hedonic Damages: Litigating the loss of enjoyment of life.”
American Law Institute-American Bar Association Round table discussion: Monetary/financial losses vs. Losses in the enjoyment of life. Stan details what losses are included in hedonic damages.
Smith: The average loss would be half of fifty percent. It’s fifty percent now, zero at the end of life expectancy. It averages out to be twenty-five, then you can simply take half of the assessed loss of fifty percent.
Interviewer: Ok, so with any of these charts, if the finder of fact determines that based on a person’s injuries that it should decrease over time, that they can adjust these charts accordingly.
Smith: Absolutely. These are really meant as a tool, an aid, and a guide.
Interviewer: How about the converse?
Smith: The converse is true too. Her fifty percent level may deteriorate.
Interviewer: How would that happen?
Smith: Let’s say that she continues to experience distress, finds it difficult to work, ultimately the emotional distress may be so severe that she requires, therapy, hospitalization. I can’t tell you that this will happen, but aggravation could occur.
Interviewer: Financial distress as a result of that?
Smith: Oh, yes.
Interviewer: Loss of home?
Interviewer: Loss of spouse, etc.?
Smith: Right. It would be for someone who is not emotionally able to cope with the circumstances.