Legal Question in Personal Injury in Massachusetts

are hedonic damages admissabible in the state of Mass?


Asked on 4/08/10, 2:34 pm

1 Answer from Attorneys

Generally, no. I assume you are talking about hedonic damages in a wrongful death case. The wrongful death statute spells out what a jury may consider in awarding damages and loss of enjoyment of life is not one of the factors. In an injury case, yes to an extent. You can't use an expert to put a value on lost pleasures due to injury. There is a long opinion about hedonic damages in a severed finger case, Saia v. Sears Roebuck, written by a US Magistrate several years ago. Loss of enjoyment of life in an injury case is part of "pain and suffering." A word for the wise, most people that are thinking about hedonic damages are considered to be overreaching and "guilding the lily" and usually receive less than if they had not tried to overplay their hand. Best Regards, JBS

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Answered on 4/14/10, 1:02 am


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