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Hedonic damages is a legal term that first emerged in 1985 in the research of Stan V. Smith, who was a PhD student in economics at the University of Chicago. The term refers to damages for loss of enjoyment of life, the intangible value of life, as distinct from the human capital value or lost earnings value.
Wrongful death is a type of legal claim or cause of action against a person who can be held liable for a death. [1] The claim is brought in a civil action, usually by close relatives, as authorized by statute. In wrongful death cases, survivors are compensated for the harm and losses they have suffered after losing a loved one.
In wrongful death cases non-economic damages are defined as "mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education, or other noneconomic damages authorized under Title 3, Subtitle 9 of this ...
For wrongful death cases in California, people qualify to claim damages if they are the following: (1) the deceased person's surviving spouse; (2) the deceased person's domestic partner; (3) the deceased person's surviving children; or (3) if there is no surviving person in the deceased person's line of descent, then a wrongful death lawsuit ...
It doesn't permit recovery for pain and suffering, mental anguish or loss of companionship for surviving family members. It also restricts civil awards to pecuniary or tangible monetary damages.
Examples of this include physical or emotional pain and suffering, loss of companionship, loss of consortium, disfigurement, loss of reputation, impairment of mental or physical capacity, hedonic damages or loss of enjoyment of life, etc. [26] This is not easily quantifiable, and depends on the individual circumstances of the claimant. Judges ...
New York is one of only two states that do not compensate for emotional loss in wrongful death lawsuits, but that may change with the Grieving Families Act awaiting a signature from Gov. Kathy Hochul.
Pain and suffering is the legal term for the physical and emotional stress caused from an injury [1] (see also pain and suffering). Some damages that might come under this category would be: aches, temporary and permanent limitations on activity, potential shortening of life, depression or scarring .
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