Loss of Pleasure Damages in Arizona — Also Known as Hedonic Damages

July 19, 2022 · By Law Badgers · 3 min read
Personal Injury

In a previous post we discussed pain and suffering damages. But there’s another category of damages that’s closely related and often overlooked: loss of enjoyment of life, also called hedonic damages. This compensates you for the things you can no longer do — or can no longer enjoy — because of your injuries.

What Are Hedonic Damages?

Hedonic damages compensate for the reduction in your ability to enjoy life’s pleasures and activities. They’re distinct from pain and suffering, which covers the physical pain and emotional distress itself. Hedonic damages cover what you’ve lost — the activities, hobbies, and experiences that gave your life meaning before the injury.

Examples include no longer being able to play sports or exercise the way you used to, inability to pick up your children or grandchildren, losing the ability to enjoy hobbies — hiking, gardening, cooking, playing music, difficulty with intimacy and physical relationships, and loss of independence if you now need assistance with daily activities.

How Arizona Law Treats Hedonic Damages

Arizona recognizes loss of enjoyment of life as a compensable element of damages. The Revised Arizona Jury Instructions (RAJIs) allow jurors to consider the loss of enjoyment of life when calculating non-economic damages. It’s typically presented alongside pain and suffering as part of the total non-economic damages award.

Arizona does not cap non-economic damages, including hedonic damages. The Arizona Constitution protects the right to full compensation, and juries have broad discretion to award what they believe is fair.

How to Prove Loss of Enjoyment

Hedonic damages are inherently subjective — but that doesn’t mean they can’t be persuasively demonstrated. Effective proof includes:

Your own testimony. Describing in specific, concrete terms what you used to do and can no longer do. “I used to hike Camelback Mountain every Saturday with my daughter” is more powerful than “I can’t exercise anymore.”

Family and friend testimony. The people closest to you can describe the change they’ve witnessed — how you’ve gone from active and engaged to limited and withdrawn.

Before-and-after evidence. Photos and videos of you before the accident doing the activities you’ve lost. Social media posts showing your pre-injury lifestyle.

Medical evidence. Your treating physician’s testimony about your physical limitations and prognosis — especially whether the limitations are permanent.

Expert economists. In significant cases, economists can calculate the monetary value of hedonic losses using statistical models of the value of life and its pleasures. While controversial, this expert testimony can help jurors put a number on something that feels unquantifiable.

The Insurance Company Will Dismiss These Damages

Adjusters routinely ignore hedonic damages in settlement offers. They focus on the “hard” numbers — medical bills and lost wages — and offer a token amount for everything else. That’s where having an attorney who understands how to build and present a full damages picture makes the difference.

At Law Badgers, we document hedonic losses from the beginning of every case because we know that when it’s time to negotiate — or present to a jury — these damages can represent a significant portion of your total recovery.

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