Forensic Musings: The Metaphysics of 'Hedonic Loss'
American Journal of Forensic Psychiatry, Volume 32, Issue 4, 2011
12 Pages Posted: 3 Dec 2012
Date Written: 2011
Abstract
What do psychiatrists really know about loss and adaptation? A recent U.S. District Court ruling took on the question of hedonic loss in a case of a young man who committed suicide in jail. Amid the various opinions was the reiteration of a principle in New Jersey law, that the determination of loss of life’s pleasure was not related to the ability of the individual to perceive pleasure. Thus, in this case, the decedent could be entitled to hedonic damages during the interval between the discovery of the hanging and the death seven hours later. This article explores the theories of hedonic damages, the use of expert testimony in calculating them, and the differences between hedonic loss and pain and suffering. While the quantification of damages is the role of the forensic economist, the mental health expert can identify, characterize, and explain the underlying mental states.
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