This article analyzes the developing trend of awarding damages for the loss of life's pleasures, i.e., "hedonic damages." Although framed within the context of 42 U.S.C. § 1983, the article addresses the underlying tort principles to be considered by all courts when fashioning appropriate remedies. Whether hedonic damages should be awarded in addition to those traditionally granted for pain and suffering and whether courts overstep their authority in this area are considered. This article takes the position that hedonic damages are an illegitimate exercise which result in duplicative recovery for the plaintiff and an attempt to punish the defendant commensurate with the injuries caused.
Northern Illinois University Law Review
Murray, Patrick B.
"Hedonic Damages: Properly A Factor Within Pain and Suffering Under 42 U.S.C. Section 1983,"
Northern Illinois University Law Review: Vol. 10:
1, Article 4.
Patrick B. Murray, Hedonic Damages: Properly A Factor Within Pain and Suffering Under 42 U.S.C. Section 1983, 10 N. Ill. U. L. Rev. 37 (1989).