Disabling physical injuries and brain injuries specifically can be a source of hedonic damage. Hedonic damages in car accidentsĬar accidents can lead to extremely severe injuries.
Injuries from car accidents, slip-and-fall injuries, burns from fires caused by defective products, and much more can all result in hedonic damages. What Injuries Can Cause Hedonic Damages?Īny injury that limits the ability of the injured to enjoy their life is causing hedonic damages. If you suffered a severe injury that has taken the enjoyment out of your life, talk with California personal injury lawyers about how to get the compensation you deserve for hedonic damages. In California, hedonic damages can be recovered in a personal injury claim. In the courts, hedonic damages are the name for an individual’s loss of enjoyment of life. Part of the suffering associated with severe injuries is losing the ability to partake in life’s many joys. Part V reiterates that courts should separate hedonic damages from pain and suffering damages and allow for the recovery of loss of enjoyment of life damages by plaintiffs in a persistent vegetative state.Severe injuries lead to steep medical bills, lost wages from missing work, and significant pain and suffering.
Part IV recommends that courts divide pain and suffering damages and loss of enjoyment of life damages into separate categories of recovery, thereby preventing an injustice to plaintiffs injured by the wrongdoing of others and allowing plaintiffs in a persistent vegetative state to recover hedonic damages. Second, this Part examines how courts determine the loss of enjoyment of life damages that are recoverable by patients in a persistent vegetative state. First, this Part analyzes the manner in which courts determine if there is a difference between pain and suffering damages and loss of enjoyment of life damages. Part III explains both the distinction between pain and suffering damages and loss of enjoyment of life damages and the various methods by which courts have determined whether to award hedonic damages to those in a persistent vegetative state. Part II discusses the effects the tort reform movement and public policy have had on damage awards. To allow for these awards, courts must separate loss of enjoyment of life from pain and suffering, thereby allowing vegetative plaintiffs who cannot prove that they are in pain to recover hedonic damages from their wrongdoers.
Based on tort principles underlying the justification for the award of damages to plaintiffs, including deterrence and compensation, plaintiffs in a persistent vegetative state should be entitled to damages for loss of enjoyment of life. This Comment focuses on the potential injustice to patients in a persistent vegetative state and the proper manner in which to handle these cases.
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