Hedonic Damages: Emerging Issue in Personal Injury and Wrongful Death Claims
Valentine, Gretchen L.
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This comment provides an overview of hedonic damages by reviewing how they have been measured, when they have been awarded, and what objections have been raised to their recovery. The relationship between hedonic damages and more traditional tort damages is considered. This comment concludes that hedonic damages are a distinct form of injury that may be adequately represented and argued to a jury within the categories of disability or pain and suffering in personal injury claims. In addition, this comment urges that limited hedonic damages be awarded to the victim who is deceased or comatose.